2021 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

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by Jody H. Hall

The 2021 cost of living adjustments of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue.  Probate practitioners should be aware of the change in figures related to the intestate share of a decedent’s surviving spouse and supplemental elective-share.  The amounts for exempt property, lump sum exempt family allowance, installment amount exempt family allowance and collection of personal property by affidavit remain unchanged from 2020.

The 2021 figures are as follows:

Statute Description 2021 Amount
C.R.S. § 15-11-102(2) Intestate share of decedent’s surviving spouse if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent $356,000, plus fractional share pursuant to statute
C.R.S. § 15-11-102(3) Intestate share of decedent’s surviving spouse if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent $267,000, plus fractional share pursuant to statute
C.R.S. § 15-11-102(4) Intestate share of decedent’s surviving spouse if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse $178,000, plus fractional share pursuant to statute
C.R.S. § 15-11-202 Supplemental elective-share amount $59,000
C.R.S. § 15-11-403 Exempt property $35,000
C.R.S. § 15-11-405 Lump sum exempt family allowance $35,000
Installment amount exempt family allowance $2,917
C.R.S. § 15-12-1201 Collection of personal property by affidavit $70,000