Legal Question in Wills and Trusts in Colorado
Rights of Surviving Spouse
What rights do I have as a surviving spouse?
1 Answer from Attorneys
Elective Share, exempt property allowance and family allowance
A surviving spouse may qualify to claim an elective share of the augmented estate. The elective share is etermined by applying a statutory formula based on the length of the marriage. It is capped at 50% of the augmented estate. The augmented estate is calculated by applying a formula in the Probate Code, which includes most assets owned by the
deceased spouse, including both probate and non probate assets and some kinds of trust property. In the alternative, a surviving spouse is usually entitled to make an exempt property allowance claim of $26,000 against the estate in
addition to whatever he may take under the will. This claim has priority over most creditors. A surviving spouse may
claim a family allowance against the estate for support, which also has a higher priority than most creditor��s
claims. All of these claims are subject to statutory deadlines.