§ 15-11-709 — By representation; per capita at each generation; per stirpes

Colorado § 15-11-709

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

Text

(1) Definitions. As used in this section, unless the context otherwise requires:

(a) Deceased child or deceased descendant means a child or a
descendant who either predeceased the distribution date or is deemed to have
predeceased the distribution date under section 15-11-702.

(b) Distribution date, with respect to an interest, means the time when the
interest is to take effect in possession or enjoyment. The distribution date need not
occur at the beginning or end of a calendar day, but may occur at a time during the
course of a day.

(c) Surviving ancestor, surviving child, or surviving descendant means
an ancestor, a child, or a descendant who neither predeceased the distribution date
nor is deemed to have predeceased the distribution date under section 15-11-702.

(2) Per capita at each generation. If an applicable statute or a governing
instrument calls for property to be distributed per capita at each generation, the
property is divided into as many equal shares as there are (i) surviving descendants
in the generation nearest to the designated ancestor 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 distribution date.

(3) Per stirpes. If a governing instrument calls for property to be distributed
per stirpes, the property is divided into as many equal shares as there are (i)
surviving children of the designated ancestor and (ii) deceased children who left
surviving descendants. Each surviving child, if any, is allocated one share. The share
of each deceased child with surviving descendants is divided in the same manner,
with subdivision repeating at each succeeding generation until the property is fully
allocated among surviving descendants.

(4) Deceased descendant with no surviving descendant disregarded. For
the purposes of subsections (2), (3), and (5) of this section, an individual who is
deceased and left no surviving descendant is disregarded, and an individual who
leaves a surviving ancestor who is a descendant of the designated ancestor is not
entitled to a share.

(5) By representation. For all governing instruments executed before, on, or
after July 1, 1995, unless the governing instrument provides otherwise, the following
definition of by representation shall apply: If by representation is called for, the
property is divided into as many equal shares as there are (i) surviving descendants
in the generation nearest to the designated ancestor 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 and the share of each deceased descendant in
the same generation is divided among his or her descendants in the same manner.

Legislative History

Source: L. 94: Entire part R&RE, p. 1021, � 3, effective July 1, 1995. L. 95: Entire section amended, p. 358, � 11, effective July 1.