Section 15-11-203 - Composition of the marital-property portion of the augmented estate

(1) Subject to section 15-11-208, the value of the augmented estate, to the extent provided in sections 15-11-204, 15-11-205, 15-11-206, and 15-11-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitutes: (a) The decedent's net probate estate;(b) The decedent's nonprobate transfers to others;(c) The decedent's nonprobate transfers to the surviving spouse; and(d) The surviving spouse's property and nonprobate transfers to others.(2) The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection (1) of this section multiplied by the following percentage: If the decedent and the spouse were married to each other:The percentage is:Less than 1 yearSupplemental amount only.1 year but less than 2 years10%2 years but less than 3 years20%3 years but less than 4 years30%4 years but less than 5 years40%5 years but less than 6 years50%6 years but less than 7 years60%7 years but less than 8 years70%8 years but less than 9 years80%9 years but less than 10 years90%10 years or

rs but less than 5 years40%5 years but less than 6 years50%6 years but less than 7 years60%7 years but less than 8 years70%8 years but less than 9 years80%9 years but less than 10 years90%10 years or more100%Part 2 repealed and reenacted by 2014 Ch. 296, § 2, eff. 8/6/2014.This section is similar to former § 15-11-201 (1) as it existed prior to 2014.OFFICIAL COMMENTSubsection (a). Subsection (a) implements the partnership theory by providing that the elective-share amount is 50 percent of the value of the marital-property portion of the augmented estate. The augmented estate is defined in Section 2-203(a) and the marital-property portion of the augmented estate is defined in Section 2-203(b).Cross Reference. To have the right to an elective share under subsection (a), the decedent's spouse must survive the decedent. Under Section 2-702(a), the requirement of survivorship is satisfied only if it can be established that the spouse survived the decedent by 120 hours.Historical Note. This Comment was revised in 2008.