HB 1189

HOUSE BILL 26-1189
BY REPRESENTATIVE(S) Espenoza, Duran, Lindsay, Marshall, Soper;
also SENATOR(S) Snyder, Amabile, Carson, Frizell, Jodeh, Lindstedt,
Coleman.
CONCERNING PROPERTY HELD BY A COMMUNITY PROPERTY SPOUSE SUBJECT
        TO THE "UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH
        ACT".
Be it enacted by the General Assembly of the State of Colorado:
        SECTION 1. In Colorado Revised Statutes, 15-20-103, amend
(l)(a)(III); and add (l)(b) as follows:
         15-20-103. Included and excluded property.
       ( 1) Subject to subsection (3 )(b) of this section, this act applies to the
following property of a community property spouse, without regard to how
the property is titled or held:
        (a) If a decedent was domiciled in this state at the time of death:
        (Ill) Personal property traceable to property described in subsection
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(l)(a)(I) or (l)(a)(II) of this section; AND
      (b) REGARDLESS OF WHETHER A DECEDENT WAS DOMICILED IN THIS
STATE AT THE TIME OF DEATH:
       (I) ALLORAPROPORTIONATEPARTOFEACHITEMOFREALPROPERTY
LOCATED IN THIS STATE TRACEABLE TO COMMUNITY PROPERTY OR
ACQUIRED WITH COMMUNITY PROPERTY UNDER THE LAW OF THE
JURISDICTION WHERE THE DECEDENT OR THE SURVIVING COMMUNITY
PROPERTY SPOUSE WAS DOMICILED WHEN THE PROPERTY:
       (A) WAS ACQUIRED; OR
       (B) AFTER ACQUISITION, BECAME COMMUNITY PROPERTY; AND
       (11) INCOME, RENT, PROFIT, APPRECIATION, OR OTHER INCREASE
DERIVED FROM OR TRACEABLE TO PROPERTY DESCRIBED IN SUBSECTION
( 1)(b )(I) OF THIS SECTION.
       SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 2-HOUSE BILL 26-1189
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
J u ~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED Oh Y't"\(1hcAr.1 Ay,y,·1 \~~\. 2.iJU C)..~ l ll?IY"\
                               (Date and Time)
                                               ATE OF COLORADO
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