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.
