Affidavit of Heirship in Colorado
Whether Colorado lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute. Colorado has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used to transfer real property. C.R.S. § 15-12-1201
| Affidavit / determination of heirship | No statute. Colorado has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used to transfer real property. Real estate titled in the decedent's name alone (without a beneficiary deed or survivorship) generally passes through a probate proceeding, in which a personal representative's deed or a court determination of heirs is recorded. Source: C.R.S. § 15-12-1201 |
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| Who inherits without a will | The surviving spouse takes the whole estate if the decedent left no descendants or parents, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes a set dollar amount plus a fraction of the rest: $300,000 plus three-quarters if a parent but no descendant survives; $225,000 plus one-half if all descendants are shared but the spouse has other descendants; $150,000 plus one-half if any of the decedent's descendants are not the spouse's. These dollar amounts are adjusted each year for inflation. The rest goes to descendants (per capita at each generation), then parents, then the parents' descendants (siblings and their lines), then grandparents' families. The dollar amounts shown are the base amounts in the statute; the Colorado Department of Revenue publishes the inflation-adjusted amounts by year of death. |
More Colorado estate law
- Medical Power of Attorney in Colorado
- Small Estate Affidavit in Colorado
- Power of Attorney in Colorado
- Quitclaim Deeds and Transferring Property in Colorado
- Who Inherits If You Die Without a Will in Colorado
- How to Make a Valid Will in Colorado
- How Probate Works in Colorado
- Living Wills and Advance Directives in Colorado
- Revocable Living Trusts in Colorado
- Executor Duties in Colorado
- Letters Testamentary in Colorado
- How to Avoid Probate in Colorado
- Transferring a Car After Someone Dies in Colorado
- All Colorado wills, probate and estate rules
FAQ
Does Colorado have an affidavit of heirship?
No statute. Colorado has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used to transfer real property. Real estate titled in the decedent's name alone (without a beneficiary deed or survivorship) generally passes through a probate proceeding, in which a personal representative's deed or a court determination of heirs is recorded.
Who inherits if someone dies without a will in Colorado?
The surviving spouse takes the whole estate if the decedent left no descendants or parents, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes a set dollar amount plus a fraction of the rest: $300,000 plus three-quarters if a parent but no descendant survives; $225,000 plus one-half if all descendants are shared but the spouse has other descendants; $150,000 plus one-half if any of the decedent's descendants are not the spouse's. These dollar amounts are adjusted each year for inflation. The rest goes to descendants (per capita at each generation), then parents, then the parents' descendants (siblings and their lines), then grandparents' families.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.