At Anzen Legal Group, we assist families dealing with probate and intestate succession. This article explains what happens when a parent dies without a will in Colorado, what children can expect to inherit, and the role of the probate court in protecting minors’ interests.
Intestate Succession: The Legal Framework
In Colorado, the distribution of a deceased person’s estate without a will is governed by the Colorado Uniform Probate Code (UPC). This legal process sets out specific rules for how assets are passed to surviving relatives, including children.
When there is no will, the probate court follows the order of priority established in Colorado Revised Statutes § 15-11-101 to § 15-11-122. These laws ensure that close family members, including a surviving spouse and children, receive portions of the estate according to defined formulas.
What Happens When There is a Surviving Spouse?
The rights of children to inherit from a parent who died intestate in Colorado depend in large part on whether the deceased parent was married at the time of death, and whether the surviving spouse is also the biological or legal parent of the children.
Here are a few common scenarios:
- Surviving spouse and children from that marriage only: The surviving spouse inherits 100% of the estate. Children do not receive a direct share in this scenario.
- Surviving spouse and children from another relationship: The spouse typically receives a set portion ($150,000 of the estate plus half of the remaining balance), and the children from the other relationship share the remaining assets.
- No surviving spouse, only children: The children inherit the entire estate equally.
The details of how the estate is divided can become complex, particularly when blended families or unmarried parents are involved.
Inheritance Rights of Minor Children
Children, including minors, are considered intestate heirs under Colorado law. If a child’s parent dies without a will, the child may have a legal right to a portion of the estate.
However, minor children cannot inherit assets directly. Instead, the probate court will appoint a conservator or create a trust to manage the assets on the child’s behalf until they reach the age of majority (18 in Colorado) or a different age as specified by the court or trust document.
Role of a Conservator
A conservator, similar to a personal representative, is a person appointed by the court to manage the financial assets of a minor. This individual is accountable to the court and must act in the best interest of the child. Parents can designate a conservator in a will, but in the absence of a will, the court selects someone—typically a close relative.
It is advisable for parents to plan ahead to avoid leaving the decision in the hands of the court.
What If the Deceased Parent Was Not Married?
When a parent dies unmarried and without a will, the children inherit the entire estate in equal shares through the estate administration process. In cases where the deceased parent had only one child, that child becomes the sole heir.
If paternity or maternity is disputed, the child or their representative may need to prove biological or legal parentage to the probate court.
Probate Proceedings Involving Minor Heirs
When children are heirs to an intestate estate, formal probate court oversight becomes involved. A probate lawyer for minors can help ensure the child’s interests are represented during all phases of the process, from the appointment of a conservator to the final distribution of assets.
In cases involving significant assets or disputes among family members, the process can become contentious. Having a probate attorney for minors involved early on can help reduce confusion and ensure that the court has all necessary documentation to proceed.
Common Asset Types and Inheritance Rules – Assets That Do Not Pass Through Probate
When distributing an intestate estate, not all assets pass through probate. Some assets transfer automatically to beneficiaries and are not controlled by intestate succession laws:
- Jointly owned property with right of survivorship goes to the co-owner.
- Life insurance and retirement accounts with named beneficiaries pass directly to those individuals.
- Payable-on-death (POD) or transfer-on-death (TOD) accounts and real property also bypass probate.
Assets that do not have a co-owner or beneficiary designation are subject to probate and distributed according to intestate laws. For assets that do require probate, informal probate is a simpler and quicker process for uncomplicated estates, involving minimal court filings and allowing the Personal Representative to handle most tasks. Cases appropriate for informal probate proceedings include those with a valid, uncontested will and those with a straightforward intestate succession.
Legal and Practical Considerations
Families should consider the following practical issues when a parent dies without a will:
- Guardianship of Minor Children: If both parents are deceased and no guardian was named in a will, the court will appoint one based on the best interest of the child.
- Asset Protection for Children: If a significant inheritance is involved, placing assets into a trust may be more beneficial than a conservatorship, as it allows more flexibility and control over distributions.
- Tax Implications: While Colorado does not have a state estate tax, larger estates may still be subject to federal estate tax considerations.
- Avoid Probate: Proper estate planning can help avoid probate, which can be lengthy and expensive. Strategies such as creating revocable living trusts and using beneficiary deeds can facilitate this avoidance, ensuring a smoother and more cost-effective transfer of assets.
Why Estate Planning Matters
While Colorado law provides a framework for distributing assets when there is no will, it rarely reflects what most parents would choose for their children. Without estate plans, families face uncertainty, court involvement, and potentially unintended outcomes.
Creating a will and designating guardians, conservators, and beneficiaries in advance protects children and ensures your wishes are respected.
FAQ: Child Inheritance and Intestate Probate in Colorado
What does a child inherit if a parent dies without a will in Colorado?
If there is no surviving spouse, the child inherits the entire estate. If there is a surviving spouse and the child is not also the spouse’s child, the estate is divided according to Colorado’s intestate succession laws. This process is part of Colorado probate, which involves understanding specific laws, timelines, and potential challenges associated with administering an estate under Colorado law.
Can a child inherit if they are under 18?
Yes, but minor children cannot directly control inherited assets until they come of age. The court appoints a conservator to manage the inheritance until the minor child is an adult.
What is the role of a probate lawyer for minors?
A probate lawyer for minors helps ensure that the child’s inheritance rights are protected during the probate process. They can assist with conservatorship proceedings, asset management issues, and court filings. Anzen Legal Group reputable law firm with experienced attorneys in these areas, providing tailored services to ensure the proper management and distribution of assets.
Who decides who manages a minor child’s inheritance?
In the absence of a will naming a conservator or trustee, the probate court appoints someone—usually a family member or guardian—based on the child’s best interests. It is advisable to consult an attorney to ensure that the appointed conservator or trustee is trustworthy and experienced in handling such responsibilities.
What happens if paternity hasn’t been legally established before the parent dies?
If paternity is not legally established, the child or their representative may need to present evidence (such as a DNA test or legal acknowledgment of paternity) to claim inheritance rights. This is a crucial part of the estate administration process, as it ensures proper asset distribution and resolves any disputes regarding the deceased’s estate.
Does the probate process take longer when minors are involved?
Sometimes. As there are additional issues that may need to be addressed probate may take longer and require additional oversight when minor children are heirs. The court will closely supervise the legal process, including conservatorship and asset distribution, to ensure the child’s rights are protected.
What is the difference between a conservatorship and a trust?
A conservatorship is a court-supervised arrangement to manage a minor’s assets after a parent’s death. A trust usually is created by the parent before death and specifies matters such as how assets should be managed and when assets should be distributed outside of court involvement. Including trusts as part of comprehensive estate plans can ensure that assets are managed and distributed according to personal wishes, while also addressing potential disputes that can arise during the probate process.
Speak With a Fort Collins Probate Attorney for Minors
The death of a parent without a will can leave many unanswered questions for surviving children. Colorado’s probate system provides a legal structure, but each family’s situation is unique. Whether you are dealing with intestate succession or planning ahead to protect your child’s future, clear legal guidance from a reputable law firm is essential.
At Anzen Legal Group, we offer experienced support for families facing probate matters involving minors. If you are looking for a Fort Collins probate lawyer for minors or need assistance with estate planning, our firm is here to help. Contact us today to schedule a consultation and learn how we can support your family through every stage of the estate and probate process.
