§ 15-11-106 — Per capita at each generation

Colorado § 15-11-106

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Intestate Succession and Wills

Text

(1) Definitions. In this section:

(a) Deceased descendant, deceased parent, deceased grandparent, or
deceased spouse means a descendant, parent, grandparent, or spouse who either
predeceased the decedent or is deemed under this subpart 1 to have predeceased
the decedent.

(b) Surviving descendant means a descendant who neither predeceased
the decedent nor is deemed under this subpart 1 to have predeceased the decedent.

(2) Decedent's descendants. If, under section 15-11-103 (3), all or part of a
decedent's intestate estate passes per capita at each generation to the
decedent's surviving descendants, the estate or part is divided into as many equal
shares as there are (i) surviving descendants in the generation nearest to the
decedent which contains one or more surviving descendants and (ii) deceased
descendants in the same generation who left surviving descendants, if any. Each
surviving descendant in the nearest generation is allocated one share. The
remaining shares, if any, are combined and then divided in the same manner among
the surviving descendants of the deceased descendants as if the surviving
descendants who were allocated a share and their surviving descendants had
predeceased the decedent.

(3) Descendants of parent when parent survives. If a decedent is survived
by one or more parents and, under section 15-11-103 (4) and (5), the balance of the
decedent's intestate estate or part passes per capita at each generation to the
surviving descendants of one or more of the decedent's deceased parents, the
balance passes to those descendants as if they were the decedent's surviving
descendants under subsection (2) of this section.

(4) Descendants of parent when no parent survives. If a decedent is not
survived by a parent and, under section 15-11-103 (6), the decedent's intestate
estate passes per capita at each generation to the surviving descendants of one or
more of the decedent's deceased parents, the intestate estate passes to those
descendants as if they were the decedent's surviving descendants under
subsection (2) of this section.

(5) Descendants of grandparent when grandparent survives. If a decedent
is survived by one or more grandparents and, under section 15-11-103 (7) and (8), the
balance of the decedent's intestate estate passes per capita at each generation to
the surviving descendants of one or more of the decedent's deceased
grandparents, the balance passes to those descendants as if they were the
decedent's surviving descendants under subsection (2) of this section.

(6) Descendants of grandparent when no grandparent survives. If a
decedent is not survived by a grandparent and, under section 15-11-103 (9), the
decedent's intestate estate passes per capita at each generation to the surviving
descendants of one or more of the decedent's deceased grandparents, the
intestate estate passes to those descendants as if they were the decedent's
surviving descendants under subsection (2) of this section.

Legislative History

Source: L. 94: Entire part R&RE, p. 978, � 3, effective July 1, 1995. L. 95: (2) and (3) amended, p. 354, � 3, effective July 1. L. 2009: (2) and (3) amended, (HB 09-1260), ch. 107, p. 444, � 8, effective July 1. L. 2022: Entire section amended, (SB 22-092), ch. 60, p. 273, � 3, effective August 10.