C.R.S. § 15-11-302 Omitted Children

• Library: Colorado Statutes
• Edition: 2023
• Currency: Current through 2023 Regular and 1st Extraordinary Session
• Year: 2023
• Citation: C.R.S. § 15-11-302

(1) Except as provided in subsection (2) of this section, if a testator becomes a parent to a child after the execution of the testator's will and fails to provide in the will for the child, the omitted child receives a share in the estate as follows:

(a) If the testator had no child living when the testator executed the will, the omitted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to another parent of the omitted child and that other parent survives the testator and is entitled to take under the will.

(b) If the testator has one or more children living when the testator executed the will, and the will devised property or an interest in property to one or more of the then living children, the omitted child is entitled to share in the testator's estate as follows:

(I) The portion of the testator's estate in which the omitted child is entitled to share is limited to devises made to the testator's then living children under the will.

(II) The omitted child is entitled to receive the share of the testator's estate, as limited in subsection (1)(b)(I) of this section, that the child would have received had the testator included all omitted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.

(III) To the extent feasible, the interest granted the omitted child under this section must be of the same character, whether equitable or legal, present or future, as that devised to the testator's then living children under the will.