Composition of the marital-property portion of the augmented estate

Colo. Rev. Stat. § 15-11-203, under ELECTIVE-SHARE OF SURVIVING SPOUSE.

Colo. Rev. Stat. § 15-11-203

(1) Subject to section 15-11-208, the value of the augmented estate, to the extent provided in sections 15-11-204, 15-11-205, 15-11-206, and 15-11-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitutes:

(a) The decedent's net probate estate;

(b) The decedent's nonprobate transfers to others;

(c) The decedent's nonprobate transfers to the surviving spouse; and

(d) The surviving spouse's property and nonprobate transfers to others.

(2) The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection (1) of this section multiplied by the following percentage:

If the decedent and the spouse

were married to each other:

The percentage is:

Less than 1 year​

Supplemental amount only.

1 year but less than 2 years

10%

2 years but less than 3 years

20%

3 years but less than 4 years

30%

4 years but less than 5 years

40%

5 years but less than 6 years

50%

6 years but less than 7 years

60%

7 years but less than 8 years

70%

8 years but less than 9 years​

80%

9 years but less than 10 years​

90%

10 years or more

100%

Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1223, § 2, effective August 6.