How Do I Determine the Intestate Heirs of My Father’s Estate in Colorado? | Colorado Probate | FastCounsel
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How Do I Determine the Intestate Heirs of My Father’s Estate in Colorado?

Detailed Answer

When someone dies without a valid will in Colorado, their estate passes under the state’s intestate succession law (C.R.S. §§ 15-11-101 to 15-11-103). To identify your father’s heirs, follow these steps:

  1. Confirm Intestacy. Check that your father left no valid will or trust. File for probate in the appropriate Colorado district court.
  2. Identify the Surviving Spouse. Under C.R.S. § 15-11-101 (https://leg.colorado.gov/sites/default/files/2019a_15.pdf), a surviving spouse often inherits first. If a spouse exists, determine whether children are also survivors, as the estate may split.
  3. Locate Descendants. If no spouse exists, list all biological and legally adopted children (C.R.S. § 15-11-102). They inherit in equal shares.
  4. Consider Parents and Siblings. If no spouse or descendants survive, next in line are your father’s parents and siblings or their descendants (C.R.S. § 15-11-103). A surviving parent may inherit all or half, depending on siblings.
  5. Ascertain Further Relatives. If none of the above are alive, extend to grandparents, aunts, uncles, and their descendants. Colorado law provides for successive classes until heirs are found.
  6. Gather Documentation. Obtain birth certificates, marriage certificates, adoption papers and death certificates to establish relationships.
  7. File an Heirship Affidavit or Petition. Submit an affidavit of heirship or a formal petition to probate court listing all potential heirs and their relationship to your father. The court will approve and enter an order naming the heirs.

Key Statutes

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Helpful Hints

  • Begin with a complete family tree to avoid missing someone.
  • Check local probate court rules for required forms and deadlines.
  • Use certified copies of vital records to support your filings.
  • Consider mediation if heirs dispute shares to reduce litigation time.
  • Keep clear records of all correspondence and filings with the court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.