The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is:
(1) The entire intestate estate if:
(a) No descendant or parent of the decedent survives the decedent; or
(b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
(5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.)
(6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.
Source: L. 94: Entire part R&RE, p. 976, § 3, effective July 1, 1995. L. 95: Entire section amended, p. 352, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.
Editor's note: This section is similar to former § 15-11-102 as it existed prior to 1995.
Cross references: For the descent and distribution of property of aliens, see § 15-11-111. For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.
Notes of Decisions
In re Marriage of Hogsett & Neale, 2021 CO 1 (Colo. 2021).
· cites it 2× “(2020) (requiring equitable division of marital property upon divorce); § 15-11-102, C.R.S. (2020) (providing for spousal intestate succession); § 18-5-102(1)(d), C.”
In re the Marriage of Edi L. HOGSETT v. Marcia E. NEALE, 478 P.3d 713 (Colo. 2021).
· cites it 2× “( 2020 ) ( requiring equitable division of marital property upon divorce ) ; § 15-11-102, C.R.S. ( 2020 ) ( providing for spousal intestate succession ) ; § 18-5-102 (1) (d) , C.”
Steedle v. Sereff, 167 P.3d 135 (Colo. 2007).
· cites it 4× “§ 15-11-102(1)(b), CRS. (2006) 8 Such an interpretation would con-tradiet the plain language of the CGIA, which states that "no person may recover in excess" of $150,000.”
In Re Est. of Wiltfong, 148 P.3d 465 (Colo. Ct. App. 2006).
“Two of the formal requirements of § 15-11-102 were met in this case because the letter was in writing and signed by decedent.”
Arrington v. Arrington, 618 P.2d 744 (Colo. Ct. App. 1980).
· cites it 2× “” After recovering over $240,000 in that action, the father successfully petitioned the trial court here for permission to distribute such assets pursuant to § 15-11-102(l)(b), C.R.S.1973. That statute provides that if there are surviving issue of an intestate decedent, all of…”
Courtney v. Class Transp., Inc. (D. Colo. 2021).
· cites it 2× “§ 13-21-203(1)(a); C.R.S. § 15-11-102. Meanwhile, Missouri has no cap on non- economic damages and no such apportionment requirement.”
Colo. Rev. Stat. § 15-11-102(1)(b): 1 case
Steedle v. Sereff, 167 P.3d 135 (Colo. 2007).
“§ 15-11-102(1)(b), CRS. (2006) 8 Such an interpretation would con-tradiet the plain language of the CGIA, which states that "no person may recover in excess" of $150,000.”
Colo. Rev. Stat. § 15-11-102(l)(b): 1 case
Arrington v. Arrington, 618 P.2d 744 (Colo. Ct. App. 1980).
“” After recovering over $240,000 in that action, the father successfully petitioned the trial court here for permission to distribute such assets pursuant to § 15-11-102(l)(b), C.R.S.1973. That statute provides that if there are surviving issue of an intestate decedent, all of…”
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