C.R.S. Section 15-20-108
Right of surviving community property spouse

(1)

The surviving community property spouse of the decedent may assert a claim for relief with respect to a right under this act in accordance with the following:

(a)

In an action asserting a right in or to property, the surviving community property spouse must:

(I)

Commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property not later than three years after the death of the decedent; or

(II)

After the appointment of the personal representative of the decedent, send a demand in a record to the personal representative not later than the time periods set forth in section 15-12-803; and

(b)

In an action other than an action pursuant to subsection (1)(a) of this section, the surviving community property spouse must:

(I)

After the appointment of the personal representative of the decedent, send a demand in record to the personal representative not later than the time periods set forth in section 15-12-803; or

(II)

If a personal representative is not appointed, commence an action not later than three years after the death of the decedent.

(2)

Unless a timely demand is made under subsection (1)(a)(I) or (1)(b)(I) of this section, the personal representative may distribute the assets of the decedent’s estate without personal liability for a community property spouse’s claim under this act.

Source: Section 15-20-108 — Right of surviving community property spouse, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

Green check means up to date. Up to date

Current through Fall 2024

§ 15-20-108’s source at colorado​.gov