Detailed Answer
When someone dies without a valid will in Colorado, their estate passes under Colorado’s intestate succession laws. The probate court appoints a personal representative to collect assets, pay debts, and distribute the balance. These rules appear in the Colorado Revised Statutes sections 15-11-101 through 15-11-120.
Appointment of Personal Representative
Under C.R.S. § 15-12-201, the probate court appoints a personal representative (formerly called an administrator). This individual inventories assets, notifies creditors, and oversees estate administration.
Order of Distribution
Colorado law establishes this priority for intestate distribution (C.R.S. § 15-11-201):
- Spouse and descendants: The surviving spouse and children share the estate per stirpes.
- No spouse but descendants: Children inherit equally.
- No spouse or descendants: Parents inherit the entire estate.
- No spouse, descendants, or parents: Siblings and their descendants inherit per stirpes.
- No closer relatives: The estate escheats to the State of Colorado under C.R.S. § 15-11-120.
Special Nontestamentary Transfers
Assets with beneficiary designations—like payable-on-death accounts, joint tenancy property, life insurance, and retirement benefits—pass outside of probate directly to named beneficiaries.
Helpful Hints
- Identify all potential heirs before initiating probate to prevent delays.
- Gather lists of accounts and deeds to locate nontestamentary assets.
- Understand per stirpes distribution to explain shares clearly.
- Keep detailed records of expenses, notifications, and distributions.
- Consider consulting a probate attorney for complex estates or disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.