(1) One-half of the property to which this act applies belongs to the surviving community property spouse of a decedent and is not subject to disposition by the decedent at death or distribution under the laws of succession of this state as a result of the decedent's death.(2) One-half of the property to which this act applies belongs to the decedent and is subject to disposition by the decedent at death.(3) For purposes of calculating the augmented estate of the decedent and the elective-share right of the surviving community property spouse: (a) Property under subsection (1) of this section is property of the surviving community property spouse; and(b) Property under subsection (2) of this section is property of the decedent.(4) Except for the purpose of calculating the augmented estate of the decedent and the elective share right of the surviving community property spouse pursuant to part 2 of article 11 of this title 15, this section does not apply to property transferred by right of survivorship or under a revocable trust or other nonprobate transfer.(5) This section does not limit the right of a surviving community property spouse to the statutory allowances pursuant to ight of survivorship or under a revocable trust or other nonprobate transfer.(5) This section does not limit the right of a surviving community property spouse to the statutory allowances pursuant to sections 15-11-402, 15-11-403, and 15-11-404.(6) If at death a decedent purports to transfer to a third person, property that, under this section, belongs to the surviving community property spouse and transfers other property to the surviving community property spouse, this section does not limit the authority of the court under other law of this state to require that the community property spouse elect between retaining the property transferred to the community property spouse or asserting rights under this act.Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.L. 73: p. 1654, § 1. C.R.S. 1963: § 153-22-5.
Colorado Legal Code