Detailed Answer
When someone dies without a valid will in Colorado, their estate passes under the state’s intestate succession law (C.R.S. §§ 15-11-101 to 15-11-103). To identify your father’s heirs, follow these steps:
- Confirm Intestacy. Check that your father left no valid will or trust. File for probate in the appropriate Colorado district court.
- Identify the Surviving Spouse. Under C.R.S. § 15-11-101 (https://leg.colorado.gov/sites/default/files/2019a_15.pdf), a surviving spouse often inherits first. If a spouse exists, determine whether children are also survivors, as the estate may split.
- Locate Descendants. If no spouse exists, list all biological and legally adopted children (C.R.S. § 15-11-102). They inherit in equal shares.
- Consider Parents and Siblings. If no spouse or descendants survive, next in line are your father’s parents and siblings or their descendants (C.R.S. § 15-11-103). A surviving parent may inherit all or half, depending on siblings.
- Ascertain Further Relatives. If none of the above are alive, extend to grandparents, aunts, uncles, and their descendants. Colorado law provides for successive classes until heirs are found.
- Gather Documentation. Obtain birth certificates, marriage certificates, adoption papers and death certificates to establish relationships.
- File an Heirship Affidavit or Petition. Submit an affidavit of heirship or a formal petition to probate court listing all potential heirs and their relationship to your father. The court will approve and enter an order naming the heirs.
Key Statutes
- C.R.S. § 15-11-101 (Surviving Spouse and Issue): Title 15, Section 11-101
- C.R.S. § 15-11-102 (Descendants): Title 15, Section 11-102
- C.R.S. § 15-11-103 (Parents and Collateral Relatives): Title 15, Section 11-103
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Begin with a complete family tree to avoid missing someone.
- Check local probate court rules for required forms and deadlines.
- Use certified copies of vital records to support your filings.
- Consider mediation if heirs dispute shares to reduce litigation time.
- Keep clear records of all correspondence and filings with the court.