Disclaimer: This FAQ is for educational purposes only and is not legal advice.
Understanding Intestate Succession in Colorado
When someone dies without a will (intestate), Colorado law under C.R.S. 15-11-101 outlines how estate assets pass to heirs. If the decedent’s child is a minor, the court appoints a personal representative to administer the estate and ensures the minor’s share is held in a protected estate account.
1. Appointment of a Personal Representative
The probate court appoints a personal representative under C.R.S. 15-11-101. This individual gathers assets, pays debts, and identifies heirs. The court typically requires the representative to post a bond to secure the estate’s proper handling.
2. Guardianship of the Minor’s Estate
Under C.R.S. 15-14-301, the court appoints a guardian of the minor’s estate. The guardian manages and invests the minor’s inheritance. The court supervises this role, requiring the guardian to file an inventory and periodic accountings per C.R.S. 15-14-404.
3. Court Supervision and Bonding Requirements
The guardian must file an inventory and annual reports with the probate court. A bond protects the minor’s assets against mismanagement. The court can adjust bond amounts based on estate value and risk.
4. End of Guardianship and Distribution
At age 18, or a later age if the court extends guardianship, the guardian petitions to terminate the guardianship and transfer the assets to the former minor (C.R.S. 15-14-410).
5. Alternative Protective Tools
For smaller inheritances, a custodian may establish a Uniform Transfers to Minors Act (UTMA) account under C.R.S. 15-12-701. The custodian manages the assets until the minor reaches the statutory age without full guardianship proceedings.
Conclusion
Colorado law provides structured steps—appointment of a personal representative, guardianship of the minor’s estate, court supervision, and eventual transfer—to protect a minor’s inheritance when there is no will.
Helpful Hints
- Act promptly: File probate and guardianship petitions soon after death to secure assets.
- Choose a trustworthy guardian: They handle finances and must report to the court.
- Understand bonding: A bond prevents mismanagement of the minor’s property.
- Consider UTMA for small amounts: It’s quicker and less costly than full guardianship.
- Consult a probate attorney: They guide you through Colorado’s specific court procedures.