C.R.S.
Section 15-11-103
Share of heirs other than surviving spouse and designated beneficiary
- definitions
(1)
Definitions.(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.(3)
Surviving descendants.(4)
Surviving parent.(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.(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.(7)
Surviving grandparent.(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.(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.
Source:
Section 15-11-103 — Share of heirs other than surviving spouse and designated beneficiary - definitions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-15.pdf
(accessed Oct. 20, 2023).