The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
Colorado Certification of Waiver by Attorney for Surviving Spouse
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By Petition to the Court (Formal Proceeding). The Probate Judge, Magistrate or Registrar may appoint a Personal Representative and determine Heirs after notice to all Interested Persons and after hearing on any objections. If you need assistance with legal decisions, you should contact an attorney.
Prevents a husband or wife from: (1) Being examined for or against his or her spouse without consent; (2) Being examined without consent during the marriage or afterwards regarding any communications made by one or the other during the marriage; Common-law marriage also qualifies for spousal privilege.
By Application to the Registrar (Informal Proceeding). The Registrar may appoint a Nominee as Personal Representative without prior notice to any Interested Persons, if the Nominee has priority for appointment.
A personal representative has the following general responsi- bilities: ? Collecting and inventorying the assets of the estate; ? Managing the assets of the estate during the probate process; ? Paying bills, creditors and taxes; ? Making distributions to the heirs or devisees of the es- tate; and ? Closing the estate ...
When a married person dies, his or her spouse has many rights pursuant to Colorado law, even if the spouse left no will. These rights include the right to be named as personal representative of the estate, certain monetary allowances, the right to certain property and a share of your spouse's estate.
(7) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile.
There is no explicit rule how much an executor (?personal representative?) of a Colorado estate may charge. ?A personal representative is entitled to reasonable compensation for his or her services.? COLO REV STAT § 15-12-719(1).
Colorado's omitted spouse statute protects a surviving spouse who has been unintentionally left out of a premarital will. It is the practitioner's role to understand the intent of both parties to the marriage and to help them plan for the disposition of each probate and nonprobate asset.
