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Colorado's elective share for surviving spouses works differently from most states. Instead of a fixed percentage, the share scales from 5% to 50% depending on how long the couple was married. Probate runs through District Court, and there is no Colorado estate tax.
Content updated: October 2026
State-specific rules that affect how an estate is handled here.
Colorado's surviving spouse elective share scales based on the length of the marriage: 5% for a one-year marriage, rising to 50% after 10 years. Most states use a fixed percentage — Colorado's approach is notably different.
Colorado probate runs through District Court in the county where the deceased lived. A small estate affidavit is available for 2026 deaths when personal property is $88,000 or less and there is no Colorado real estate.
Colorado does not have its own estate tax. Only the federal estate tax may apply, and only for very large estates.
Colorado has its own income tax. A final state return must be filed for the year of death. If the deceased was a PERA member, survivor benefits need to be claimed separately. Note: Colorado may tax Social Security income for higher-income households — a surviving spouse receiving SSA survivor benefits should factor this into their state filing.
Colorado law allows natural organic reduction (recomposition), which converts remains into nutrient-rich soil over several weeks. Families can choose it as an alternative to burial or cremation. Contact a licensed provider to learn about the process, costs, and logistics.
These are just a few of the Colorado-specific tasks Order surfaces automatically when you select your state.
Small estate affidavit for personal property up to $88,000 (2026 deaths) with no real estate — any real property at all, even a small land parcel, requires full District Court probate.
Colorado's elective share is unusually distinctive: it scales from 5% to 50% based on years of marriage, and is calculated against the augmented estate (including non-probate assets like retirement accounts).
If deceased was a state or local government employee, PERA survivor benefits may be available — but only if the member elected a survivor option at retirement.
Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.
Deeper reading
Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Colorado.
Military families in Colorado
Colorado-specific
These tasks appear automatically in your checklist when you select Colorado as your state.
Denver Probate Court in Denver; district court elsewhere.
Surviving spouse may elect 5% to 50% depending on length of marriage
Use Form DR 2395 for title transfer
