What Does a Survivorship Clause Mean in a Colorado Will?
When clients review their draft wills, one of the most common questions I hear is: “What does the survivorship clause actually do?”
It’s a fair question. The wording can feel a little dense, but the concept is straightforward once it’s unpacked.
Colorado’s Default Rule: The 120-Hour Survival Requirement
Colorado follows the Uniform Probate Code, which says a beneficiary generally must outlive you by 120 hours (five days) to inherit. If someone passes away within that window, the law treats them as though they died before you—unless your will says otherwise.
A survivorship clause changes this default. Most wills adjust the rule to better match a person’s intentions and to avoid administrative headaches during probate.
How the Survivorship Clause Works for Your Spouse
Many Colorado wills include a clause stating that if your spouse survives you by any amount of time even a moment the clause treats the spouse as having survived you.
It also addresses situations where no one can determine the order of death, such as in a common accident. In that instance, the will treats your spouse as the survivor for inheritance purposes.
It is worth noting that if spouses truly die at the same time, the law usually handles both estates at the same time. The clause doesn’t change that practical reality. It removes uncertainty about who the law considers the survivor so your estate passes the way you intended.
How the Survivorship Clause Works for Other Beneficiaries
For children, relatives, or other beneficiaries, many wills use a 30-day survival requirement instead of Colorado’s default five-day rule.
If a beneficiary passes away within 30 days after you, the law treats that beneficiary as having predeceased you. Their share then goes directly to the alternate beneficiary named in your will.
Why a 30-Day Rule Helps
Using a longer survival period for non-spouse beneficiaries provides several benefits:
- Prevents assets from bouncing between estates if someone dies shortly after you.
- Reduces the chance of double probate, where your estate and a beneficiary’s estate are being administered back-to-back.
- Keeps your plan intact, allowing the alternate beneficiaries you selected—often children or grandchildren—to inherit directly.
- Creates clarity, which helps your personal representative administer your estate with fewer complications.
The Overall Goal
The survivorship clause is there to keep your estate plan running smoothly. It protects your spouse’s ability to inherit while also making sure your other beneficiaries outlive you long enough to avoid confusion and unnecessary court administration.
If you would like to understand how this works in your own plan or revisit how your plan addresses survivorship, you can schedule a consultation to discuss it.
Source: C.R.S. § 15-11-104 — Requirement of Survival by One Hundred Twenty Hours