Can I disinherit my spouse or child in Colorado?

Question

Accepted Answer

1. Spousal Disinheritance.   Colorado is a separate-property state and has fully adopted the Uniform Probate Code. Under C.R.S. § 15-11-202, a surviving spouse is entitled to   50% of the marital-property portion of the augmented estate  , with the marital-property portion determined on a   sliding scale from 5% (less than 1 year) to 100% (15 or more years)   per C.R.S. § 15-11-203 — full UPC § 2-202 partnership-theory conformity.    2. Augmented Estate.   C.R.S. § 15-11-204 et seq. define the augmented estate to include (i) the decedent's net probate estate, (ii) decedent's non-probate transfers to others, (iii) decedent's non-probate transfers to the surviving spouse, and (iv) the surviving spouse's property and non-probate transfers to others — full UPC conformity.    3. Elective Share Procedure.   The election must be filed within   nine months after the decedent's death or six months after probate of the decedent's will, whichever is later  , under C.R.S. § 15-11-211.    4. Pretermitted Child.   Under C.R.S. § 15-11-302, a child born or adopted after the will and not provided for receives an intestate share unless the omission was intentional or provided for outside the will.    5. Intentional Disinheritance of Child.   Adult and known children may be entirely disinherited; no forced heirship.    6. Louisiana Forced Heirship.   Does not apply in Colorado.    7. Prenuptial / Postnuptial Waiver.   Colorado has adopted the Uniform Premarital and Marital Agreements Act at C.R.S. § 14-2-301 et seq., requiring voluntary signing, access to independent counsel, and adequate disclosure for marital-agreement waivers.    8. Homestead, Family Allowance, Exempt Property.   Homestead allowance under C.R.S. § 15-11-402 ($30,000), exempt property under § 15-11-403 ($30,000), and family allowance under § 15-11-404, in addition to elective share.    9. Will Contest Grounds.   Lack of capacity, undue influence, fraud, or improper execution under UPC provisions; contest period limited by C.R.S. § 15-12-108.  This is legal information, not legal advice.