Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Colorado law, when someone dies without a valid will, their estate passes through intestate succession as set out in the Colorado Probate Code, Title 15, Article 11. The key provisions are:
- C.R.S. § 15-11-101(a)(I): Order of priority for heirs
- C.R.S. § 15-11-102: Share of estate for descendants
Because the decedent had no surviving spouse and left three children, the entire probate estate transfers equally to the children. Colorado distributes the estate per stirpes, which means each child’s line takes an equal share. In this simple case—three living children—each child inherits one-third.
Steps to complete intestate succession in Colorado:
- Open probate with the local county court. File a petition to appoint a personal representative.
- Notify creditors and pay valid debts. See C.R.S. § 15-12-801 et seq.
- Identify and value estate assets, including real property, bank accounts, and personal property.
- Compile an heirship roster showing the three children as sole heirs.
- Distribute net assets equally to the children per C.R.S. § 15-11-102 (findlaw.com link).
- File a final accounting and petition for discharge of the personal representative.
Helpful Hints
- Gather birth certificates or other proof of each child’s relationship early to avoid delays.
- Discuss potential tax obligations with an accountant—inheritance may affect estate or income taxes.
- Consider whether any assets held in joint tenancy or with payable-on-death designations bypass probate.
- Check for homestead or family allowances that protect a small share of the estate for minor children.
- If a child predeceases the decedent, their share passes to that child’s descendants per stirpes.