Detailed answer

Short answer

When someone dies without a will (intestate) in Colorado, their children (the decedent’s “descendants”) generally inherit the decedent’s estate. Children share the estate under the Colorado intestate succession rules. If a child died before the decedent but left descendants (grandchildren of the decedent), those descendants usually take the deceased child’s share by representation. If there is no surviving spouse, the children (and their descendants by representation) take the whole estate.

Which Colorado law applies

Colorado’s intestate succession rules are in the Colorado Revised Statutes under Title 15 (Probate, Trusts, and Fiduciaries), Article 11 (intestate succession). See C.R.S. §§ 15‑11‑101 et seq. for the statutory framework: Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries).

How children share an intestate estate (basic rules)

• If the decedent leaves only children (and no surviving spouse), those children take equal shares of the decedent’s probate estate.
• If a child of the decedent died before the decedent but left children (the decedent’s grandchildren), the grandchildren step into the predeceased child’s place and receive the share that child would have received. This is commonly called representation (often referred to as per stirpes distribution in everyday terms).
• If a child leaves no descendants, that child’s line gets nothing; the remaining children divide the estate equally.

Example (simple)

Hypothetical: Parent dies intestate leaving three children: A (alive), B (predeceased, survived by two children), and C (alive). The estate is divided into three equal shares. A receives 1/3, C receives 1/3, and B’s 1/3 is divided equally between B’s two children (each gets 1/6).

How adopted children, posthumous children, and children of unmarried parents are treated

• Adopted children are treated as descendants of the adoptive parent for intestate succession unless an adoption statute or court order specifies otherwise.
• Posthumous children (born after the decedent’s death) may inherit if Colorado law treats them as descendants when paternity/maternity and timing meet statutory requirements. Establishing legal parentage is often required.
• Children born outside marriage can inherit if parentage has been established under Colorado law (for example, by a paternity adjudication or other statutory recognition of parentage).

Priority for appointment to administer the estate (who becomes the personal representative)

When there is no will naming a personal representative, the probate court appoints an administrator. Priority is set by statute and by the court’s discretion. Generally the order is:

1. A surviving spouse (if any) has priority to serve.
2. Then other heirs, including children, may be considered. If multiple heirs of the same priority seek appointment, the court may appoint one or more as co-administrators or choose among them based on suitability and willingness to serve.
3. If no qualified family member is available or willing, the court can appoint a public trustee, a creditor, or another qualified person or entity.

Because children share the same priority level, the court commonly appoints a child who is competent, available, and without conflicts, or it may allow co-administrators if the heirs agree. If the children disagree strongly, the court decides who is best suited to act.

Special points that commonly cause confusion

• “Per stirpes” vs. “per capita with representation”: Colorado’s statutes set how representation works; in practice, the result is that descendants stand in the place of a deceased parent and take that parent’s share.
• Non-probate assets (joint accounts, beneficiary-designated retirement accounts, life insurance with a named beneficiary) pass outside probate and do not follow the intestacy rules.
• Small estate procedures may allow transfer of certain assets without formal administration if the estate value falls below statutory thresholds.

How to proceed if you are a child or represent children in an intestate probate

1. Identify whether a will exists. If no will, check for joint title or beneficiary designations that transfer outside probate.
2. Locate and collect records proving family relationships (birth certificates, adoption decrees, paternity orders) and asset documents (bank, title, insurance).
3. If you want to be the administrator, file a petition for appointment with the local probate court. If you don’t, communicate with the family to avoid conflict and to allow someone suitable to file the petition.
4. Consider mediation when heirs disagree about distribution or appointment to reduce court cost and family strain.

See the Colorado Revised Statutes for the governing provisions: C.R.S. Title 15 (Probate, Trusts, and Fiduciaries) (Article 11 covers intestate succession).

Helpful Hints

• Gather proof of parent–child relationships early (birth certificates, adoption decrees, paternity judgments).
• Check beneficiary designations and joint ownership before assuming assets will pass by intestacy.
• If a child predeceased the parent, list that child’s descendants (their children) and their contact info—those descendants often inherit the deceased child’s share.
• Talk to other heirs before filing for administration. If heirs agree, the court process can be faster and cheaper.
• Consider whether the estate qualifies for Colorado’s small estate affidavit procedure to avoid formal administration.
• If more than one child wants to serve as administrator, be prepared to explain to the court why you’re the best candidate (availability, no conflicts, ability to manage estate affairs).
• Keep clear, written records of all steps taken as administrator: notices, inventories, creditor claims, and distributions.
• When in doubt, consult a Colorado probate attorney to protect rights and avoid costly mistakes—especially when family dynamics or complex assets are involved.