# C.R.S. § 15-11-211: 15-11-211. Proceeding for elective-share - time limit > Colorado · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-211 ## Section - **Citation:** C.R.S. § 15-11-211 - **Heading:** 15-11-211. Proceeding for elective-share - time limit - **Jurisdiction:** Colorado - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CO Code / Title 15 / Article 11 / Part 2 / Section 15-11-211 ## Text 15-11-211. Proceeding for elective-share - time limit. (1) Except as provided in subsection (2) of this section, the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective-share within nine months after the date of the decedent's death or within six months after the probate of the decedent's will, whichever limitation later expires. The surviving spouse must give written notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective-share. (2) Within nine months after the decedent's death, the surviving spouse may petition the court for an extension of time for making an election. If, within nine months after the decedent's death, the spouse gives notice of the petition to all persons interested in the decedent's nonprobate transfers to others, the court, for cause shown by the surviving spouse, may extend the time for election. (3) If the spouse makes an election by filing a petition for the elective-share more than nine months after the decedent's death, the decedent's nonprobate transfers to others are not included within the augmented estate unless the spouse had filed a petition for extension prior to the expiration of the nine-month period and the court granted the extension. (4) The surviving spouse may withdraw his or her demand for an elective-share at any time before entry of a final determination by the court. Written notice of such withdrawal must be given to persons interested in the estate and the distributees and recipients of portions of the augmented estate whose interests may be adversely affected by the taking of the elective-share. (5) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under sections 15-11-209 and 15-11-210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he or she would have been under sections 15-11-209 and 15-11-210 had relief been secured against all persons subject to contribution. (6) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions. ## Nearby sections - [C.R.S. § 15-11-201 15-11-201. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-201.md) - [C.R.S. § 15-11-202 15-11-202. Elective-share](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-202.md) - [C.R.S. § 15-11-203 15-11-203. Composition of the marital-property portion of the augmented estate](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-203.md) - [C.R.S. § 15-11-204 15-11-204. Decedent's net probate estate](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-204.md) - [C.R.S. § 15-11-205 15-11-205. Decedent's nonprobate transfers to others](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-205.md) - [C.R.S. § 15-11-206 15-11-206. Decedent's nonprobate transfers to the surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-206.md) - [C.R.S. § 15-11-207 15-11-207. Surviving spouse's property and nonprobate transfers to others](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-207.md) - [C.R.S. § 15-11-208 15-11-208. Exclusions, valuations, and overlapping application](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-208.md) - [C.R.S. § 15-11-209 15-11-209. Sources from which elective-share payable](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-209.md) - [C.R.S. § 15-11-210 15-11-210. Personal liability of recipients](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-210.md) - [C.R.S. § 15-11-211 15-11-211. Proceeding for elective-share - time limit](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-211.md) - [C.R.S. § 15-11-212 15-11-212. Right of election personal to surviving spouse - incapacitated surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-212.md) - [C.R.S. § 15-11-213 15-11-213. Waiver of right to elect and of other rights](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-213.md) - [C.R.S. § 15-11-214 15-11-214. Protection of payers and other third parties](https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-214.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T15_A11_P2_S15-11-211. Check the current official text before relying on it. Not legal advice.