Family Allowance and Exempt Property Petition (Colorado)

PETITION FOR EXEMPT PROPERTY AND FAMILY ALLOWANCE

DISTRICT COURT, [COUNTY] COUNTY, COLORADO
(or DENVER PROBATE COURT, CITY AND COUNTY OF DENVER, COLORADO)

COURT CAPTION

Case Number: [____________________________________]
Division / Courtroom: [____]

1. PETITIONER INFORMATION

Petitioner Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Colorado [ZIP CODE]
Telephone: [________________________________] Email: [________________________________]
Relationship to Decedent:
☐ Surviving Spouse
☐ Guardian / Conservator of minor or dependent child(ren) of the Decedent
☐ Dependent child of the Decedent (adult)
☐ Person having care and custody of minor or dependent child(ren)
☐ Personal Representative of the Estate

2. DECEDENT AND FAMILY INFORMATION

Minor / Dependent Children of the Decedent:

3. STATUTORY ENTITLEMENT

3.1 Exempt Property — C.R.S. § 15-11-403. The Decedent's surviving spouse is entitled to exempt property from the estate in the form of cash, or other property of the estate, in the value of thirty thousand dollars ($30,000) in excess of any security interests therein (as adjusted for cost of living under C.R.S. § 15-10-112 for the Decedent's year of death). If there is no surviving spouse, the Decedent's dependent children are entitled jointly to the same exempt property.

3.2 Family Allowance — C.R.S. § 15-11-404. In addition to exempt property, the surviving spouse and minor children whom the Decedent was obligated to support, and children who were in fact being supported by the Decedent, are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration. The allowance may not continue for longer than one (1) year if the estate is inadequate to discharge allowed claims, and may be paid as a lump sum or in periodic installments.

3.3 Statutory Limits — C.R.S. § 15-11-405. For decedents dying on or after January 1, 2012, the personal representative may determine the family allowance in a lump sum not exceeding thirty thousand dollars ($30,000), or in periodic installments not exceeding two thousand five hundred dollars ($2,500) per month for one year — each amount adjusted for cost of living under C.R.S. § 15-10-112 for the Decedent's year of death.

3.4 No Homestead Allowance. Colorado does not provide a statutory homestead allowance. Under C.R.S. § 15-11-402, the homestead exemption (C.R.S. §§ 38-41-201, 38-41-204) does not create an allowance for the surviving spouse or minor children. Accordingly, this Petition requests only exempt property and a family allowance.

3.5 Cost-of-Living Adjustment. The amounts in §§ 15-11-403 and 15-11-405 are adjusted under C.R.S. § 15-10-112 according to the Decedent's year of death. The cost-of-living-adjusted amount applicable here is: $[________________].

4. EXEMPT PROPERTY REQUESTED (C.R.S. § 15-11-403)

Petitioner selects the following property of the estate as exempt property (not exceeding the statutory value in excess of security interests). Property specifically devised under C.R.S. § 15-11-513 to a person not entitled to exempt property may not be used to satisfy these rights if the estate is otherwise sufficient.

☐ If the estate lacks sufficient exempt property in kind, Petitioner requests cash from the estate to make up the statutory value.

5. FAMILY ALLOWANCE REQUESTED (C.R.S. §§ 15-11-404, 15-11-405)

Petitioner requests a family allowance as follows:

Persons for whose maintenance the allowance is requested:

6. PRIORITY OVER CREDITOR CLAIMS

6.1 Rights to exempt property under C.R.S. § 15-11-403 have priority over all claims against the estate, except claims for the costs and expenses of administration and reasonable final disposition and funeral expenses, which are paid in the priority and manner set forth in C.R.S. § 15-12-805. The right to exempt property abates as necessary to permit payment of the family allowance.

6.2 The family allowance under C.R.S. § 15-11-404 is exempt from and has priority over all claims except claims for the costs and expenses of administration and reasonable final disposition and funeral expenses.

6.3 Both the exempt property and the family allowance are in addition to any benefit or share passing to the surviving spouse or dependent children by the Decedent's will, by intestate succession, or by way of elective-share, unless otherwise provided.

6.4 Timeliness — C.R.S. § 15-11-405(3). This request is made within six (6) months after the first publication of notice to creditors, or within one (1) year after the Decedent's date of death, whichever first expires:

☐ This Petition is timely filed. ☐ Petitioner requests an extension for cause shown (not beyond two years after death).

7. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Determine that Petitioner is entitled to exempt property under C.R.S. § 15-11-403 and order it set apart in the amount/value of $[________________];

b. Determine and award a family allowance under C.R.S. §§ 15-11-404 and 15-11-405 in the amount of $[________________] (lump sum) or $[________________] per month for [____] months;

c. Confirm the priority of exempt property and the family allowance over creditor claims as provided by statute;

d. Direct the Personal Representative to disburse the exempt property and family allowance accordingly; and

e. Grant such other and further relief as the Court deems just and proper.

8. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Colorado that I have read the foregoing Petition and that the matters stated in it are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Colorado.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

9. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of this Petition was served on the following persons by the method indicated:

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Colorado Attorney Reg. No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________] Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Certified copy of Death Certificate
☐ Inventory or list of estate assets (to identify exempt property)
☐ Schedule of security interests on selected property
☐ Cost-of-living-adjusted dollar-amount worksheet for year of death (C.R.S. § 15-10-112)
☐ Proposed Order Setting Apart Exempt Property and Family Allowance
☐ Proof of service / Certificate of Service
☐ Copy of will (if testate)
☐ Filing fee or motion to waive fee