The following are excerpts from Colorado’s intestacy laws. Please reference the full body of the Colorado Probate Code at the Colorado Legislature for any changes to those laws that may not be reflected below.
You can also open the Colorado Intestacy Evaluator™ to see the distribution of a Colorado intestate estate based upon unique family and financial circumstances.
15-10-101. Short title
Articles 10 to 17 of this title shall be known and may be cited as the “Colorado Probate Code” and is referred to in said articles as “this code” or “code”.
15-10-112. Cost of living adjustment of certain dollar amounts
(1) As used in this section, unless the context otherwise requires:
(a) “CPI” means the consumer price index (annual average) for all urban consumers (CPI-U): United States city average — all items, reported by the bureau of labor statistics, United States department of labor or its successor agency or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index chosen by the department of revenue; and
(b) “Reference base index” means the CPI for the calendar year 2010.
(2) The dollar amounts stated in sections 15-11-102, 15-11-202 (2), 15-11-403, and 15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts must be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If the amount of the increase or decrease produced by the computation is not a multiple of one thousand dollars, then the amount of the increase or decrease is rounded down if it is an increase, or rounded up if it is a decrease, to the next multiple of one thousand dollars, but for the purpose of section 15-11-405, the periodic installment amount is the lump-sum amount divided by twelve. If the CPI for 2010 is changed by the bureau of labor statistics, the reference base index must be revised using the rebasing factor reported by the bureau of labor statistics, or other comparable data if a rebasing factor is not reported.
(3) Before February 1, 2012, and before February 1 of each succeeding year, the department of revenue shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2012 of each dollar amount as increased or decreased under this section.
15-10-201. General definitions
Subject to additional definitions contained in this article and the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this code:
(7) “Child” includes an individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved and excludes a person who is only a stepchild, a foster child, a grandchild, or any more remote descendant.
(11) “Descendant” means all of the individual’s lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this code.
(18) “Exempt property” means that property of a decedent’s estate which is described in section 15-11-403.
(24) “Heirs”, except as controlled by section 15-11-711, means persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(28) “Issue” of a person means descendant as defined in subsection (11) of this section.
(32) “Minor” means a person who is under eighteen years of age.
(36) “Parent” includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this code by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.
(42) “Property” means both real and personal property or any interest therein and anything that may be the subject of ownership.
15-11-101. Intestate estate
(1) Any part of a decedent’s estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent’s heirs as prescribed in this code, except as modified by the decedent’s will.
(2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.
15-11-102. Share of spouse
The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent’s surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent’s surviving spouse is:
(1) The entire intestate estate if:
(a) No descendant or parent of the decedent survives the decedent; or
(b) All of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse.
(5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.)
(6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.
15-11-102.5. Share of designated beneficiary
(1) If the decedent is survived by a person with the right to inherit real or personal property from the decedent in a designated beneficiary agreement executed pursuant to article 22 of this title, the intestate share of the decedent’s designated beneficiary is:
(a) The entire estate if no descendent of the decedent survives the decedent; or
(b) One half of the intestate estate if one or more descendants of the decedent survive the decedent.
15-11-103. Share of heirs other than surviving spouse and designated beneficiary – definitions.
(1) Definitions. In this section:
(a) “Deceased parent”, “deceased grandparent”, or “deceased spouse” means a parent, grandparent, or spouse who either predeceased the decedent or is deemed under this article 11 to have predeceased the decedent.
(b) “Surviving spouse”, “surviving descendant”, “surviving parent”, or “surviving grandparent” means a spouse, descendant, parent, or grandparent who neither predeceased the decedent nor is deemed under this article 11 to have predeceased the decedent.
(2) Heirs other than surviving spouse and designated beneficiary. Any part of the intestate estate not passing to the decedent’s surviving spouse under section 15-11-102, or to the decedent’s surviving designated beneficiary under section 15-11-102.5, or the entire estate if there is no surviving spouse and no surviving designated beneficiary with the right to inherit real or personal property from the decedent through intestate succession, passes to the decedent’s descendants, parents, or other heirs as provided in subsections (3) to (9) of this section.
(3) Surviving descendants. If a decedent is survived by one or more descendants, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary passes per capita at each generation to the decedent’s surviving descendants.
(4) Surviving parent. If a decedent is not survived by a descendant but is survived by one or more parents, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary is distributed as follows:
(a) The intestate estate or part is divided into as many equal shares as there are:
(I) Surviving parents; and
(II) Deceased parents with one or more surviving descendants, if any, as determined under subsection (5) of this section.
(b) One share passes to each surviving parent.
(c) The balance of the intestate estate or part, if any, passes per capita at each generation to the surviving descendants of the decedent’s deceased parents, as determined under subsection (5) of this section.
(5) When parent survives – computation of shares of surviving descendants of deceased parent. The following rules apply under subsection (4) of this section to determine whether a deceased parent of the decedent is treated as having a surviving descendant:
(a) If all the surviving descendants of one or more deceased parents also are descendants of one or more surviving parents and none of those surviving parents has any other surviving descendant, those descendants are deemed to have predeceased the decedent.
(b) If two or more deceased parents have the same surviving descendants and none of those deceased parents has any other surviving descendant, those deceased parents are deemed to be one deceased parent with surviving descendants.
(6) Surviving descendant of deceased parent. If a decedent is not survived by a descendant or parent but is survived by one or more descendants of a parent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent’s deceased parents.
(7) Surviving grandparent. If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the intestate estate is distributed as follows:
(a) The intestate estate is divided into as many equal shares as there are:
(I) Surviving grandparents; and
(II) Deceased grandparents with one or more surviving descendants, if any, as determined under subsection (8) of this section.
(b) One share passes to each surviving grandparent.
(c) The balance of the intestate estate, if any, passes per capita at each generation to the surviving descendants of the decedent’s deceased grandparents, as determined under subsection (8) of this section.
(8) When grandparent survives – computation of shares of surviving descendants of deceased grandparent. The following rules apply under subsection (7) of this section to determine whether a deceased grandparent of the decedent is treated as having a surviving descendant:
(a) If all the surviving descendants of one or more deceased grandparents also are descendants of one or more surviving grandparents and none of those surviving grandparents has any other surviving descendant, those descendants are deemed to have predeceased the decedent.
(b) If two or more deceased grandparents have the same surviving descendants and none of those deceased grandparents has any other surviving descendant, those deceased grandparents are deemed to be one deceased grandparent with surviving descendants.
(9) Surviving descendant of deceased grandparent. If a decedent is not survived by a descendant, parent, descendant of a parent, or grandparent but is survived by one or more descendants of a grandparent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent’s deceased grandparents.
15-11-104. Requirement of survival by one hundred twenty hours – individual gestation
(1) For purposes of intestate succession and exempt property, and except as otherwise provided in paragraph (b) of this subsection (1), the following rules apply:
(a) An individual born before a decedent’s death who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before the decedent’s death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period.
(b) An individual in gestation at a decedent’s death is deemed to be living at the decedent’s death if the individual lives one hundred twenty hours after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent’s death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period.
(2) This section is not to be applied if its application would result in a taking of intestate estate by the state under section 15-11-105.
15-11-105. No taker
If there is no taker under the provisions of this article, the intestate estate passes to the state of Colorado, subject to the provisions of section 15-12-914.
15-11-106. Per capita at each generation
(1) Definitions. In this section:
(a) “Deceased descendant”, “deceased parent”, “deceased grandparent”, or “deceased spouse” means a descendant, parent, grandparent, or spouse who either predeceased the decedent or is deemed under this subpart 1 to have predeceased the decedent.
(b) “Surviving descendant” means a descendant who neither predeceased the decedent nor is deemed under this subpart 1 to have predeceased the decedent.
(2) Decedent’s descendants. If, under section 15-11-103 (3), all or part of a decedent’s intestate estate passes “per capita at each generation” to the decedent’s surviving descendants, the estate or part is divided into as many equal shares as there are (i) surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(3) Descendants of parent when parent survives. If a decedent is survived by one or more parents and, under section 15-11-103 (4) and (5), the balance of the decedent’s intestate estate or part passes per capita at each generation to the surviving descendants of one or more of the decedent’s deceased parents, the balance passes to those descendants as if they were the decedent’s surviving descendants under subsection (2) of this section.
(4) Descendants of parent when no parent survives. If a decedent is not survived by a parent and, under section 15-11-103 (6), the decedent’s intestate estate passes per capita at each generation to the surviving descendants of one or more of the decedent’s deceased parents, the intestate estate passes to those descendants as if they were the decedent’s surviving descendants under subsection (2) of this section.
(5) Descendants of grandparent when grandparent survives. If a decedent is survived by one or more grandparents and, under section 15-11-103 (7) and (8), the balance of the decedent’s intestate estate passes per capita at each generation to the surviving descendants of one or more of the decedent’s deceased grandparents, the balance passes to those descendants as if they were the decedent’s surviving descendants under subsection (2) of this section.
(6) Descendants of grandparent when no grandparent survives. If a decedent is not survived by a grandparent and, under section 15-11-103 (9), the decedent’s intestate estate passes per capita at each generation to the surviving descendants of one or more of the decedent’s deceased grandparents, the intestate estate passes to those descendants as if they were the decedent’s surviving descendants under subsection (2) of this section.
15-11-107. Inheritance without regard to number of common ancestors in same generation. (Kindred of half blood)
An heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent.
15-11-112. Dower and courtesy abolished
The estates of dower and courtesy are abolished.
15-11-113. Individual related to decedent through more than one line of relationship
An individual who is related to the decedent through more than one line of relationship is entitled to only a single share based upon the relationship that would entitle the individual to the largest share. The individual and the individual’s descendants are deemed to have predeceased the decedent with respect to a line of relationship resulting in a smaller share.
15-11-114. Parent barred from inheriting in certain circumstances
(1) A parent is barred from inheriting from or through a child of the parent if:
(a) The parent’s parental rights were terminated and the parent-child relationship was not judicially reestablished; or
(b) The child died before reaching eighteen years of age and there is clear and convincing evidence that immediately before the child’s death the parental rights of the parent could have been terminated under the laws of this state other than this code on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.
(2) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section is deemed to have predeceased the child.