Colo. Rev. Stat. § 15-11-103

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session

Section 15-11-103 - Share of heirs other than surviving spouse and designated beneficiary - definitions

(1)Definitions. In this section:

(a) "Deceased parent", "deceased grandparent", or "deceased spouse" means a parent, grandparent, or spouse who either predeceased the decedent or is deemed under this article 11 to have predeceased the decedent.

(b) "Surviving spouse", "surviving descendant", "surviving parent", or "surviving grandparent" means a spouse, descendant, parent, or grandparent who neither predeceased the decedent nor is deemed under this article 11 to have predeceased the decedent.

(2)Heirs other than surviving spouse and designated beneficiary. Any part of the intestate estate not passing to the decedent's surviving spouse under section 15-11-102, or to the decedent's surviving designated beneficiary under section 15-11-102.5, or the entire estate if there is no surviving spouse and no surviving designated beneficiary with the right to inherit real or personal property from the decedent through intestate succession, passes to the decedent's descendants, parents, or other heirs as provided in subsections (3) to (9) of this section.

(3)Surviving descendants. If a decedent is survived by one or more descendants, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary passes per capita at each generation to the decedent's surviving descendants.

(4)Surviving parent. If a decedent is not survived by a descendant but is survived by one or more parents, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary is distributed as follows:

(a) The intestate estate or part is divided into as many equal shares as there are:

(I) Surviving parents; and

(II) Deceased parents with one or more surviving descendants, if any, as determined under subsection (5) of this section.

(b) One share passes to each surviving parent.

(c) The balance of the intestate estate or part, if any, passes per capita at each generation to the surviving descendants of the decedent's deceased parents, as determined under subsection (5) of this section.

(5)When parent survives - computation of shares of surviving descendants of deceased parent. The following rules apply under subsection (4) of this section to determine whether a deceased parent of the decedent is treated as having a surviving descendant:

(a) If all the surviving descendants of one or more deceased parents also are descendants of one or more surviving parents and none of those surviving parents has any other surviving descendant, those descendants are deemed to have predeceased the decedent.

(b) If two or more deceased parents have the same surviving descendants and none of those deceased parents has any other surviving descendant, those deceased parents are deemed to be one deceased parent with surviving descendants.

(6)Surviving descendant of deceased parent. If a decedent is not survived by a descendant or parent but is survived by one or more descendants of a parent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent's deceased parents.

(7)Surviving grandparent. If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the intestate estate is distributed as follows:

(a) The intestate estate is divided into as many equal shares as there are:

(I) Surviving grandparents; and

(II) Deceased grandparents with one or more surviving descendants, if any, as determined under subsection (8) of this section.

(b) One share passes to each surviving grandparent.

(c) The balance of the intestate estate, if any, passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents, as determined under subsection (8) of this section.

(8)When grandparent survives - computation of shares of surviving descendants of deceased grandparent. The following rules apply under subsection (7) of this section to determine whether a deceased grandparent of the decedent is treated as having a surviving descendant:

(a) If all the surviving descendants of one or more deceased grandparents also are descendants of one or more surviving grandparents and none of those surviving grandparents has any other surviving descendant, those descendants are deemed to have predeceased the decedent.

(b) If two or more deceased grandparents have the same surviving descendants and none of those deceased grandparents has any other surviving descendant, those deceased grandparents are deemed to be one deceased grandparent with surviving descendants.

(9)Surviving descendant of deceased grandparent. If a decedent is not survived by a descendant, parent, descendant of a parent, or grandparent but is survived by one or more descendants of a grandparent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents.

C.R.S. § 15-11-103

Amended by 2022 Ch. 60, § 2, eff. 8/10/2022.

L. 94: Entire part R&RE, p. 977, § 3, effective 7/1/1995. L. 95: Entire section amended, p. 353, § 2, effective July 1. L. 2009: Entire section amended, (HB 09 -1260), ch. 107, p. 443, § 7, effective July 1; entire section amended, (HB 09 -1287), ch. 310, p. 1672, § 4, effective 7/1/2010. L. 2010: IP, (1), and (7) amended, (SB 10 -199), ch. 374, p. 1748, § 5, effective July 1.

(1) This section is similar to former §15-11-103 as it existed prior to 1995.

(2) Amendments to this section by House Bill 09-1260 and House Bill 09-1287 were harmonized, effective July 1, 2010; except that the second sentence of subsection (7) and the provisions of subsection (8), as amended by House Bill 09-1260, were superseded by House Bill 09-1287, effective July 1, 2010.

2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

COMMENT

This section provides for inheritance by descendants of the decedent, parents and their descendants, and grandparents and collateral relatives descended from grandparents; in line with modern policy, it eliminates more remote relatives tracing through great-grandparents.

1990 Revisions. The 1990 revisions were stylistic and clarifying, not substantive. The pre-1990 version of this section contained the phrase "if they are all of the same degree of kinship to the decedent they take equally (etc.)." That language was removed. It was unnecessary and confusing because the system of representation in Section 2-106 gives equal shares if the decedent's descendants are all of the same degree of kinship to the decedent.

The word "descendants" replaced the word "issue" in this section and throughout the 1990 revisions of Article II. The term issue is a term of art having a biological connotation. Now that inheritance rights, in certain cases, are extended to adopted children, the term descendants is a more appropriate term.

2008 Revisions. In addition to making a few stylistic changes, which were not intended to change meaning, the 2008 revisions divided this section into two subsections. New subsection (b) grants inheritance rights to descendants of the intestate's deceased spouse(s) who are not also descendants of the intestate. The term deceased spouse refers to an individual to whom the intestate was married at the individual's death.

Historical Note. This Comment was revised in 2008.

For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101 .