(1) "Bona fide purchaser" means a purchaser for value in good faith and without notice of an adverse claim. The notation of a state documentary fee on a recorded instrument pursuant to section 39-13-103, C.R.S., is prima facie evidence that the transfer described therein was made to a bona fide purchaser.
(2) "Decedent's nonprobate transfers to others" means amounts that are included in the augmented estate under section 15-11-205.
(3) "Fractional interest in property held in joint tenancy with the right of survivorship", whether the fractional interest is unilaterally severable or not, and if the interests are equal, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants. If the interests are unequal, "fractional interest in property held in joint tenancy with the right of survivorship" means the decedent's interest immediately preceding the decedent's death.
(4) "Marriage", as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
(5) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that he or she possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.
(6) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation, including beneficiary designations under individual retirement accounts and annuities described in section 408 of the federal "Internal Revenue Code of 1986", as amended, as well as other pension plans or arrangements not subject to part 2 (section 201 et seq.) of the federal "Employee Retirement Income Security Act of 1974", as amended (29 U.S.C. sec. 1051 et seq.).
(7) "Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent held a power to create a present or future interest in the decedent, the decedent's creditors, the decedent's estate, or creditors of the decedent's estate, whether or not the decedent then had the capacity to exercise the power. The term includes a power to revoke or invade the principal of a trust or other property arrangement.
(8) "Property" includes values subject to a beneficiary designation.
(9) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.
(10) "Transfer", as it relates to a transfer by or on behalf of the decedent, includes:
(a) An exercise or release of a presently exercisable general power of appointment held by the decedent;
(b) A lapse at death of a presently exercisable general power of appointment held by the decedent; and
(c) An exercise, release, or lapse of a presently exercisable general power of appointment that the decedent reserved or of a power described in section 15-11-205 (2)(b) that the decedent conferred on a nonadverse party.
(11) "Value", unless otherwise indicated, means fair market value as of the decedent's date of death.
Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1220, § 2, effective August 6. L. 2022: (7) and (10)(c) amended, (SB 22-092), ch. 60, p. 275, § 8, effective August 10.
Editor's note: This section is similar to former § 15-11-202 (1) as it existed prior to 2014.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.
Notes of Decisions
Cited in
14
cases, 1977–2018 · leading case:
Beren v. Beren, 2015 CO 29 (Colo. 2015).
Beren v. Beren, 2015 CO 29 (Colo. 2015).
· cites it 7× “See §§ 15-11-201 to -208, C.R.S. *242 (2014).”
In Re Est. of Lopata, 641 P.2d 952 (Colo. 1982).
· cites it 6× “In my view basic considerations of fairness require that the administrator of the estate and the decedent's heir, both of whom are raising the antenuptial agreement as a bar to the surviving spouse's elective share, should bear the burden of proving fair disclosure to the…”
Katz, Look & Moison, P.C. v. Turnwall, 113 P.3d 150 (Colo. 2005).
· cites it 2× “In all instances not involving a spouse unprovided for in a will as provided in section 15-11-301 or an election by a surviving spouse as provided in section 15-11-201, if the decedent’s will or other dispositive instrument directs a method of apportionment of tax different from…”
Sweeney v. Summers, 571 P.2d 1067 (Colo. 1977).
· cites it 3× “4 Section 15-11-201(1), C.R.S. 1973 (1976 Supp.”
In Re the Est. of Ottis Smith, 674 P.2d 972 (Colo. Ct. App. 1983).
· cites it 3× “2d 130 (1947), interpreting a similar provision in the predecessor statute to § 15-11-201, C.R.S.1973, and requiring waiver to be established beyond any reasonable doubt.”
Est. of Westfall v. Westfall, 942 P.2d 1227 (Colo. Ct. App. 1996).
· cites it 2× “*1229 The present probate code’s adoption of the concept of an “augmented estate” requires that the value of certain property transferred by a spouse during the marriage be considered in determining the surviving spouse’s right of election under § 15-11-201, C.R.S. (1996…”
Est. of Barnhart, 563 P.2d 972 (Colo. Ct. App. 1977).
· cites it 2× “Petitioner, the decedent's second wife, appeals from a decision of the Denver Probate Court disallowing her election to take a one-half share in the augmented estate of her deceased husband as provided for in § 15-11-201, C.R.S.1973, and disallowing her claim to have certain…”
Beren v. Goodyear (In re Est. of Beren), 412 P.3d 487 (Colo. Ct. App. 2012).
· cites it 15× “Thus, computing the elective share under section 15-11-201 results in a set dollar amount, or pecuniary amount, calculated as of the date of death, rather than a fraction of the estate when the assets are distributed and the estate is closed.”
Lopata v. Metzel, 641 P.2d 952 (Colo. 1982).
· cites it 3× “Section 15-11-201, C.R.S.1973 (1981, Supp.”
Crenshaw v. Bussey, 100 P.3d 568 (Colo. Ct. App. 2004).
“See generally § 15-11-201, et seq., C.R.S.2003. Indeed, when Bussey filed her application for appointment as the personal representative, she acknowledged that she was interested in the estate, and her interest could only have come through her spousal share.”
In Re Est. of Eakin, 708 P.2d 476 (Colo. Ct. App. 1985).
· cites it 2× “Bebe Eakin repudiated testator’s will and instead elected to take her statutory share of the augmented estate under § 15-11-201, C.R.S. (1984 Cum.Supp.). Because the district court’s order giving effect to testator’s will contradicts provisions of the Colorado Probate Code, §…”
In re Est. of Cloos, 2018 COA 161 (Colo. Ct. App. 2018).
“He also petitioned for a supplemental elective share of the marital property3 pursuant to sections 15-11-201 to -211, C.R.S. 2018. 2 Husband also filed a couple of small claims irrelevant to this appeal, each for less than $1000.”
— Colo. Rev. Stat. § 15-11-201(1) — 3 cases
Beren v. Beren, 2015 CO 29 (Colo. 2015).
“See §§ 15-11-201 to -208, C.R.S. *242 (2014).”
Sweeney v. Summers, 571 P.2d 1067 (Colo. 1977).
“4 Section 15-11-201(1), C.R.S. 1973 (1976 Supp.”
Beren v. Goodyear (In re Est. of Beren), 412 P.3d 487 (Colo. Ct. App. 2012).
“Thus, computing the elective share under section 15-11-201 results in a set dollar amount, or pecuniary amount, calculated as of the date of death, rather than a fraction of the estate when the assets are distributed and the estate is closed.”
— Colo. Rev. Stat. § 15-11-201(11) — 1 case
Beren v. Beren, 2015 CO 29 (Colo. 2015).
“See §§ 15-11-201 to -208, C.R.S. *242 (2014).”
— Colo. Rev. Stat. § 15-11-201(2) — 1 case
Beren v. Goodyear (In re Est. of Beren), 412 P.3d 487 (Colo. Ct. App. 2012).
“Thus, computing the elective share under section 15-11-201 results in a set dollar amount, or pecuniary amount, calculated as of the date of death, rather than a fraction of the estate when the assets are distributed and the estate is closed.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.