Colorado § 15-20-108 - Right of surviving community property spouse.
Full text of Colorado Colorado Revised Statutes § 15-20-108 — Right of surviving community property spouse., with citation guidance and answers to common questions.
§ 15-20-108. Right of surviving community property spouse.
(1) The surviving community property spouse of the decedent may assert a claim for relief with respect to a right under this act in accordance with the following:
(a) In an action asserting a right in or to property, the surviving community property spouse must:
(I) Commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property not later than three years after the death of the decedent; or
(II) After the appointment of the personal representative of the decedent, send a demand in a record to the personal representative not later than the time periods set forth in section 15-12-803; and
(b) In an action other than an action pursuant to subsection (1)(a) of this section, the surviving community property spouse must:
(I) After the appointment of the personal representative of the decedent, send a demand in record to the personal representative not later than the time periods set forth in section 15-12-803; or
(II) If a personal representative is not appointed, commence an action not later than three years after the death of the decedent.
(2) Unless a timely demand is made under subsection (1)(a)(I) or (1)(b)(I) of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for a community property spouse's claim under this act.
Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 104, § 1, effective July 1.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 15-20-108
What does Colorado Revised Statutes § 15-20-108 cover?
Section 15-20-108 ("Right of surviving community property spouse.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 15-20-108?
A common citation format is "Colorado Revised Statutes § 15-20-108" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 15-20-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.