Chapter 13 - § 13.7 • PRIVILEGE NOT PROPERTY RIGHT

• Jurisdiction: Colorado

§ 13.7 • PRIVILEGE NOT PROPERTY RIGHT

The Code provides that the right to elect is personal and must be exercised during the life of the surviving spouse.²¹ See § 13.3.

See § 34.9 for a discussion of the apportionment of an elective share shortage against the parties subject to contribution, and the mechanics of enforcement.

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Notes:

^[21] C.R.S. § 15-11-203; Deutsch v. Rohlfing, 126 P. 1123 (Colo. App. 1912).