Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-41-204 (2026)

Surviving spouse and minor children entitled

✓ current as of July 2026
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When any person dies seized of a homestead leaving a surviving spouse or minor children, such surviving spouse or minor children are entitled to the homestead exemption. In cases where there is neither surviving spouse nor minor children, the homestead shall be liable for the debts of the deceased.

Source: R.S. p. 385, § 60. G.L. § 1346. G.S. § 1634. R.S. 08: § 2953. C.L. § 5927. CSA: C. 93, § 26. CRS 53: § 77-3-4. C.R.S. 1963: § 77-3-4. L. 94: Entire section amended, p. 1041, § 20, effective July 1, 1995.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1984–2025 · leading case: Matter of Est. of Dodge, 685 P.2d 260 (Colo. Ct. App. 1984).
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Matter of Est. of Dodge, 685 P.2d 260 (Colo. Ct. App. 1984). · cites it 26× “Therefore, the fact that respondent filed no formal statement or written counterclaim to petitioner's claim does not preclude him from entitlement to a homestead exemption.”
In re Boddy, 593 B.R. 643 (Bankr.D. Colo. 2018). · cites it 4× “" C.R.S. § 38-41-204. The Bankruptcy Code does not address what effect the debtor's death has on any aspect of a bankruptcy case.”
Welcome to Realty v. Wilson, 2024 COA 122 (Colo. Ct. App. 2024). · cites it 18× “Wilson — Real Property — Homestead Exemptions — Surviving Spouse and Minor Children A division of the court of appeals holds that, under the plain language of section 38-41-204, C.R.S. 2024, a homeowner’s homestead exemption may not be claimed by an adult child of the homeowner…”
Lana Kay Paggen (Bankr.D. Colo. 2025). · cites it 2× “00 homestead exemption in the Residential Property pursuant to Colo. Rev. Stat. § 38-41-204 ; a $10,000.”
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