Detailed Answer
Disclaimer: This article is for educational purposes and is not legal advice.
Under Colorado’s intestate succession statutes (C.R.S. § 15-11-102), if someone dies without a will and without a surviving spouse but leaves descendants, the entire estate passes to those descendants per stirpes. In your scenario, where the decedent has two living children and no spouse, each child inherits an equal share (50%).
The probate process oversees this distribution. A court appoints a personal representative who gathers assets, settles valid debts and taxes, then distributes the remaining estate under C.R.S. § 15-11-101 et seq.. If any child predeceased but left descendants, that branch would inherit their parent’s share.
Colorado also provides a small estate affidavit procedure for estates valued under certain thresholds (see C.R.S. § 15-12-1101) which can simplify asset transfer without formal probate.
Key statutes:
- C.R.S. § 15-11-102 – Order of distribution
- C.R.S. § 15-12-1101 – Small estate affidavit
Helpful Hints
- Compile a detailed inventory of assets and debts.
- Confirm whether the estate qualifies for a small estate affidavit.
- File probate paperwork in the decedent’s county court promptly.
- Consult a probate attorney for complex estates or potential disputes.
- Notify all heirs and potential creditors to avoid delays.