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Bill Detail: SB22-092

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Title Update Colorado Probate Code
Status Governor Signed (03/30/2022)
Bill Subjects
  • Probate, Trusts, & Fiduciaries
House Sponsors M. Soper (R)
Senate Sponsors R. Gardner (R)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/25/2022
Summary

Colorado Commission on Uniform State Laws. The bill makes
changes to the Colorado Probate Code (code). Specifically, the bill
describes how property passes when a decedent dies without a will
(intestate) and the estate or any part of the estate does not pass to a
surviving spouse or designated beneficiary pursuant to existing law. In
that situation, the portion of the estate passing through intestate
succession is distributed as follows:
  • If the decedent is survived by one or more descendants, the

portion of the estate passes to the decedent's surviving
descendants per capita at each generation;
  • If the decedent is not survived by a descendant but is
survived by one or more parents, the portion of the estate
is divided into as many equal shares as there are surviving
parents and deceased parents with one or more
descendants. One share passes to each surviving parent,
and the balance passes per capita at each generation to the
surviving descendants of the decedent's deceased parents.
  • If the decedent is not survived by a descendant or parent
but is survived by one or more descendants of a parent, the
portion of the estate passes per capita at each generation to
the surviving descendants of the decedent's deceased
parents; or
  • If a decedent is not survived by a descendant, parent, or
descendant of a parent but is survived by one or more
grandparents, the portion of the estate is divided into as
many equal shares as there are surviving grandparents and
deceased grandparents with one or more surviving
descendants. One share passes to each surviving
grandparent, and the balance passes per capita at each
generation to the surviving descendants of the decedent's
deceased grandparents.
The bill clarifies how the estate passes to surviving descendants of
a deceased parent or grandparent.
The bill replaces outdated terminology in the code with modern
language, including replacing gender-specific language.

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