Disclaimer: This article does not provide legal advice. It is for educational purposes only.
Detailed Answer
When someone dies without a valid will in Colorado, the court supervises the estate under the intestacy statutes (C.R.S. 15-11-101 et seq.). A personal representative steps in to identify, inventory, and distribute both real property and personal assets according to statutory priorities.
1. Appointment of a Personal Representative
The county court appoints a personal representative (sometimes called an administrator) after a qualified heir petitions for probate. The court follows requirements under C.R.S. 15-12-201 (appointment of personal representative). Once appointed and bonded, the representative gains authority to act on behalf of the estate.
2. Identification and Inventory of Assets
- Real Property: The representative searches county land records for deeds, titles, and mortgages. They arrange a professional appraisal to determine fair market value. Title issues (liens, joint-tenancy interests) must clear before distribution.
- Personal Property: This category includes bank accounts, vehicles, securities, jewelry, and household items. The representative locates account statements, titles, and safe-deposit boxes. They prepare a detailed inventory and file it with the court under C.R.S. 15-12-805 (inventory and list of creditors).
- Debts and Expenses: Creditors receive notice and may file claims. The representative reviews and pays valid claims before distributing the remaining assets.
3. Distribution Under Intestacy
Colorado’s intestacy scheme prioritizes spouses and descendants. The representative follows the order in C.R.S. 15-11-102 (order of distribution):
- If the decedent leaves a surviving spouse but no surviving descendants, the spouse inherits the entire estate.
- If the decedent leaves both a spouse and descendants, the spouse receives the first $300,000 plus one-half of the balance; descendants share the remainder.
- Without a spouse but with descendants, the entire estate passes to descendants in equal shares per stirpes.
- If there is no spouse or descendant, parents inherit equally; siblings or more remote relatives may inherit if parents are absent.
Once assets clear debts, the representative delivers deeds for real property and transfers titles for personal property. The court then issues a final decree closing the estate.
Helpful Hints
- Obtain multiple certified copies of the decedent’s death certificate early to clear bank and government accounts.
- Check for unclaimed property at the Colorado State Treasurer’s unclaimed property database.
- Consider a small estate affidavit for estates under $70,000 in personal property (C.R.S. 15-12-1201).
- Keep detailed records of all appraisals, bills paid, and communications with heirs and creditors.
- Consult a probate attorney for complex real property issues, multi-state assets, or disputes among heirs.