Skip to main content
Find a Lawyer

Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-20-103. Included and excluded property

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Subject to subsection (3)(b) of this section, this act applies to the following property of a community property spouse, without regard to how the property is titled or held:

(a) If a decedent was domiciled in this state at the time of death:

(I) All or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community property spouse was domiciled when the property:

(A) Was acquired; or

(B) After acquisition, became community property;

(II) Income, rent, profit, appreciation, or other increase derived from or traceable to property described in subsection (1)(a)(I) of this section; and

(III) Personal property traceable to property described in subsection (1)(a)(I) or (1)(a)(II) of this section.

(2) If community property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this act applies to the property to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.

(3) This act does not apply to property that:

(a) Community property spouses have partitioned or reclassified;

(b) Is the subject of a waiver of rights granted by this act; or

(c) Is acquired by spouses domiciled in this state that is not property identified in subsections (1) and (2) of this section.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-20-103. Included and excluded property - last updated January 01, 2025 | https://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-20-103/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard