Elective Share in Colorado
State-specific overview · Estate & Probate
A surviving spouse receives one-half of the estate if there are no children, or one-third if children exist.
How Colorado treats Elective Share
Colorado's elective share follows a straightforward hierarchy: the surviving spouse takes 50% of the probate estate when no descendants exist, and 33% when the deceased has children or other descendants. The spouse must elect to take this share within nine months of the estate's opening, though the court may extend this deadline. This right applies regardless of what the will states, protecting spouses from complete disinheritance.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Colorado.