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Colorado Revised Statutes

Colo. Rev. Stat. § 15-11-403 (2026)

Exempt property

✓ current as of July 2026
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(1) (a) Prior to January 1, 2012, the decedent's surviving spouse is entitled to exempt property from the estate in the form of cash in the amount of or other property of the estate in the value of twenty-six thousand dollars in excess of any security interests therein. If there is no surviving spouse, the decedent's dependent children are entitled jointly to the same exempt property. Rights to exempt property have priority over all claims against the estate, except claims for the costs and expenses of administration, and reasonable funeral and burial, interment, or cremation expenses, which shall be paid in the priority and manner set forth in section 15-12-805. The right to exempt property shall abate as necessary to permit payment of the family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or dependent children by the decedent's will, unless otherwise provided, by intestate succession, or by way of elective-share.

(b) On and after January 1, 2012, the decedent's surviving spouse is entitled to exempt property from the estate in the form of cash in the amount of or other property of the estate in the value of thirty thousand dollars in excess of any security interests therein. If there is no surviving spouse, the decedent's dependent children are entitled jointly to the same exempt property. Rights to exempt property have priority over all claims against the estate, except claims for the costs and expenses of administration and reasonable final disposition and funeral expenses, which are paid in the priority and manner set forth in section 15-12-805. The right to exempt property abates as necessary to permit payment of the family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or dependent children by the decedent's will, unless otherwise provided, by intestate succession or by way of elective-share.

(2) The dollar amount stated in paragraph (a) or (b) of subsection (1) of this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112; except that, when the increase in the dollar amount stated in paragraph (b) of subsection (1) of this section, as enacted in Senate Bill 11-016, enacted in 2011, takes effect, the next regularly scheduled cost of living adjustment will be suspended for one year.

Source: L. 94: Entire part R&RE, p. 995, § 3, effective July 1, 1995. L. 96: Entire section amended, p. 657, § 6, effective July 1. L. 2002: Entire section amended, p. 652, § 5, effective July 1. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1682, § 10, effective July 1, 2010. L. 2011: Entire section amended, (SB 11-016), ch. 77, p. 211, § 1, effective August 10. L. 2021: (1)(b) amended, (SB 21-006), ch. 123, p. 492, § 12, effective September 7.

Editor's note: This section is similar to former § 15-11-402 as it existed prior to 1995.

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 9 cases, 1976–2018 · leading case: In Re Est. of Lopata, 641 P.2d 952 (Colo. 1982).
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In Re Est. of Lopata, 641 P.2d 952 (Colo. 1982). · cites it 3× “NOTES [1] The appellant asserts that the constitutionality of the dead man's statute, section 13-90-102, C.R.S.1973 (1981 Supp.”
Est. of Meek v. Meek Ex Rel. Meek, 669 P.2d 628 (Colo. Ct. App. 1983). · cites it 2× “Under § 15-11-403, C.R.S.1973, (1982 Cum. Supp.”
Matter of Est. of Dandrea, 577 P.2d 1112 (Colo. Ct. App. 1978). · cites it 3× “" Section 15-11-403, C.R.S. 1973 (1976 Cum.”
In re the Est. of Sandstead, 2016 COA 49 (Colo. Ct. App. 2016). · cites it 2× “2015, allows small estate administrative procedures where the estate "does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112.”
Sandstead v. Corona (In re Est. of Sandstead), 412 P.3d 799 (Colo. Ct. App. 2016). · cites it 2× “2015, allows small estate administrative procedures where the estate "does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112.”
Matter of Est. of Novitt, 549 P.2d 805 (Colo. Ct. App. 1976). · cites it 2× “Novitt, appeals from a decision of the Denver Probate Court partially disallowing his election to take a one-half share in the augmented estate of his deceased wife Frances as provided for in § 15-11-403, C.R.S.1973, and disallowing his claims to the exempt property allowance…”
Lopata v. Metzel, 641 P.2d 952 (Colo. 1982). · cites it 3× “Section 15-11-403, C.R.S.1973 (1981 Supp.”
In re the Est. of Sandstead, 2016 COA 49 (Colo. Ct. App. 2016). · cites it 2× “2015, allows small estate administrative procedures where the estate "does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112.”
In re Est. of Cloos, 2018 COA 161 (Colo. Ct. App. 2018). “2 See §§ 15-11-403, -404, C.R.S. 2018. He also petitioned for a supplemental elective share of the marital property3 pursuant to sections 15-11-201 to -211, C.”
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.