How Are Heirs Determined in Denver?
If a will does not exist, Colorado uses “intestate succession” laws that decide how an individual’s assets are to be distributed after their passing. Intestate succession prioritizes family members and close relatives and only applies to assets that have passed through probate. Distributing assets under intestate succession is typically a fairly straightforward process, though it can become more complicated if it involves larger families with distant relatives.
Colorado law uses a hierarchy to determine who gets what after an individual’s passing. It starts with the closest family members and moves outward to more distant relatives.
- Spouses: The surviving spouse is usually entitled to the largest portion of the estate. However, in situations where the deceased was previously married and has children from a previous relationship, the spouse will most likely share the estate with the children.
- Children: When someone passes away without a surviving spouse and no existing will, the children of the deceased will become the primary heirs of the estate. If the deceased had children from multiple different relationships, all children - biological, adopted, and maybe even stepchildren - are entitled to an equal share of the estate. When estates are divided among stepchildren or adopted children, it is not uncommon for biological children to contest the decision to equally share the estate. Determining heirship for stepchildren and adopted children can be more difficult and may require additional steps to confirm the relationship.
- Parents: In the event that the deceased was unmarried and had no children, the estate would then pass on to the parents, if they are still alive. If both parents are alive, they will split the estate equally. However, if there is only one surviving parent, that parent will inherit the entire estate. Similarly, disputes may arise between step-parents and biological parents, especially depending on the level of involvement from each parent. Colorado law understands the complicated nature of these parental relationships and takes them into account when determining heirs.
- Siblings: If an individual passes away without a spouse, children, or surviving parents, the estate will be passed on to their siblings. Again, if the deceased has multiple siblings, it will be split equally between them, though if there is just one surviving sibling, they will become the primary heir of the estate. In Denver, both full siblings and half siblings are eligible to claim a share of the estate. If the deceased has no surviving siblings, then the estate may be inherited by surviving nieces or nephews.
- Extended Family: If none of the relatives listed above are alive, the estate will either be distributed among more distant relatives, such as aunts, uncles, cousins, or grandparents. Although it is rare for an individual to have no surviving family members or relatives in close contact, it is possible, and it can make tracking down distant relatives quite challenging. Distant family members may be required to provide sufficient documentation to prove their relation to the deceased individual.
Family members may need to prove that they were related to the deceased in order to claim their share of the estate. They could be asked to provide certain documents that can help establish their identity and prove a relationship, including:
- Birth Certificates: Birth certificates are a valid way to prove parent-child relationships and are often the most straightforward and widely accepted form of evidence.
- Marriage Licenses: A marriage license may be required in order for a spouse to inherit the estate. For long-term couples who were not legally married, Colorado law may recognize the existence of a common-law marriage to determine whether the surviving partners qualify as a spouse.
- Adoption Papers: If a child was adopted by the deceased individual, providing legal documentation of the adoption will be required to establish an existing parent-child relationship and claim their share of the estate.
Some families are more complicated and distant than others. Some cases may require DNA testing in order to establish a biological relationship between the deceased and their family members.
While the process of determining heirs can be fairly straightforward, there are some factors that can complicate the matter, including distant relatives, stepchildren, adopted children, and more. Colorado’s intestate laws help simplify the process by using a hierarchy to determine rightful heirs. However, determining heirs can be a complex process that involves animated disputes, proving familial relationships, and presenting evidence in court.
Working with an heirship determination attorney in Denver can not only help make sure that the deceased’s estate is fairly distributed, but can also help eliminate family disputes. To speak with a determination of heirs attorney at Evans Case, give us a call and schedule a consultation today.
Determination of Heirs Proceedings
A determination of heirs proceedings will likely take place in the Denver Probate Court and be overseen by a judge. To initiate a proceeding, an individual must file a petition with the court and request a formal determination of heirs. More often than not, the person submitting the petition is the executor of the estate or a family member who is aiming to establish their right to an inheritance. The following is a list of individuals who are qualified to initiate a determination of heirs proceeding:
- Immediate Family Members: Close relatives, spouses, children, parents, and siblings are the ones to most commonly initiate a proceeding, especially in instances where the deceased did not leave a valid will. These individuals often have a direct interest in the estate and have the most to benefit from the distribution of assets.
- Executors: Once an individual passes away in Denver, a personal representative, or an executor, is appointed to manage their estate. It is the personal responsibility of the executor to oversee the distribution of assets, allowing them the legal right to initiate a determination of heirs proceeding.
- Creditors of the Estate: Creditors who are owed money by the deceased may be able to initiate a determination of heirs proceeding. Creditors will not receive an inheritance, but their interest in the estate allows them to be a part of the proceedings. Once the estate is properly distributed, creditors will be able to collect outstanding debts from the assets.
- Potential Heirs: Those who believe that they have a rightful claim to a share of the estate may initiate a proceeding to help establish their legal standing as an heir. This is most commonly a child from a previous relationship or a distant relative. In order to qualify as an heir, they must provide sufficient evidence proving their relationship to the deceased.
If you are interested in initiating a determination of heirs proceeding in Denver, it is important to familiarize yourself with the process.
- A determination of heirs proceeding in Denver begins with the court issuing a formal notice to all involved or interested parties. This includes family members, potential heirs, and creditors of the estate. The interested parties are given the opportunity to either present their claims or contest other’s claims.
- The next step is to provide evidence that proves family relationships and establishes the identity of any potential heirs. This step involves providing documentation like birth certificates, marriage licenses, and other legal documents that establish a relationship. The court may require witness testimonies or DNA testing in order to fully determine the existence of a familial relationship.
- Once all evidence has been presented and reviewed, the court will issue a formal ruling that identifies the official, legal heirs of the estate. The ruling is legally binding and requires that the estate must be distributed according to Colorado’s intestate succession laws. The court will also determine specific portions of the estate that each heir is entitled to if there is in fact more than one heir.
The heirship determination proceedings can be reasonably simple for families with clear, undisputed relationships. However, for more complex families, like those involving multiple marriages, stepchildren, adopted children, or illegitimate children, the process can be a bit more complicated. At times, it can even become downright contentious. The process becomes even more complicated in situations involving large families living out of the state or country.
The team of attorneys at Evans Case is skilled at handling determination of heirs proceedings for all kinds of Denver families.
Our attorneys will work diligently to make sure that all of the necessary documentation is prepared and that our clients are well represented in court. We understand the importance of resolving familial matters like these compassionately and proficiently.
Determination of Heirs Versus Probate
It is a common misconception for people to confuse the determination of heirs with probate, but these are two distinct processes. The purpose of a determination of heirs proceeding is to identify what family members are entitled to inherit the estate, while probate is a much broader process that focuses on administering the entire estate and properly distributing assets. Probate is a more active process that includes taking inventory of assets, paying outstanding debts, and distributing property according to the will or the state’s decision.
In Denver, the determination of heirs may be a part of the probate process, though it typically is only necessary if the deceased did not leave a valid will. Even if a will exists, a determination of heirs may actually still be necessary in the event of any disputes or will contests.
A key distinction between the two is that the probate process is almost always initiated by the executor of the estate, whereas a determination of heirs can be initiated by any interested party, like family members, creditors, government agencies, or potential heirs.
Probate can be a lengthy and time-consuming process. It not only involves determining who inherits the estate but also addresses all of the practical aspects of managing and closing the estate. The purpose of probate is to ensure that all legal obligations are taken care of before any inheritance or assets are passed on to heirs. If you are an executor of a Denver will and are in need of a dedicated probate attorney, look no further than the team at Evans Case. Contact us today for more information about how
we can help you and your family through the probate process.
How Evans Case Is Prepared to Help
At Evans Case, we are proud to offer Denver families our legal expertise in determination of heirs proceedings and probate. After the death of a loved one, we understand that these seemingly minor tasks can be overwhelming, but with the help of an experienced heirship determination attorney, you can take some of the stress away.
Our Denver attorneys are here to make sure that your family’s estate and assets are properly distributed among relatives and loved ones. Furthermore, a compassionate attorney will also work tirelessly to ensure that any disagreements or disputes within the family are handled with care, working to find an amicable solution that works for you and your loved ones.
Whether you are a family member who is interested in claiming their share of the inheritance or an executor who is responsible for managing the estate and distributing assets, Evans Case is prepared to offer top-tier legal support.
Our mission is to provide you with peace of mind during these difficult times and allow you to rest assured knowing that your family’s estate is in good hands. For more information about how the devoted team of heirship determination attorneys at Evans Case can assist with your estate administration needs and probate matters in Denver,
call us today to schedule a consultation.
