Colorado Probate Code Updated Cost Of Living Adjustments 2021

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The Colorado Department of Revenue has released the 2021 cost of living adjustments of certain dollar amounts under the Colorado Probate Code.

The 2021 cost of living adjustments to the Colorado Probate Code increase the intestate share of a surviving spouse and the supplemental elective share.  The amounts for exempt property, exempt family allowance (both lump sum and installment), and collection of personal property by affidavit are the same.

The cost of living adjustments of certain dollar amounts over the last ten years impacting probate estates are contained in a 2021 cost of living adjustments to the Colorado Probate Code.

The 2021 cost of living adjustments to the Colorado Probate Code are summarized below.

Colorado Probate Code

Description of Statute

2021 Amount

C.R.S. § 15-11-102(2)

Intestate share of surviving spouse if no surviving descendant of decedent, but a parent of the decedent survives the decedent

$356,000, plus fractional share

C.R.S. § 15-11-102(3)

Intestate share of surviving spouse 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 decedent

$267,000, plus fractional share

C.R.S. § 15-11-102(4)

Intestate share of surviving spouse if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse

$178,000, plus fractional share

C.R.S. § 15-11-202

Supplemental elective-share amount

$59,000

C.R.S. § 15-11-403

Exempt property

$35,000

C.R.S. § 15-11-405

Lump sum exempt family allowance

$35,000

C.R.S. § 15-11-405

Installment amount exempt family allowance

$2,917

C.R.S. § 15-12-1201

Collection of personal property by affidavit

$70,000

The Probate Stars Colorado surviving spouse rights article has been updated to reflect the 2021 amounts.  A Colorado probate lawyer will be able to advise you as to the most recent status of the law, and how it impacts your rights under the Colorado Probate Code.

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