2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-106 - Per capita at each generation

(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.
Amended by 2022 Ch. 60, § 3, eff. 8/10/2022.
L. 94: Entire part R&RE, p. 978, § 3, effective 7/1/1995. 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.
This section is similar to former §15-11-106 as it existed prior to 1995.
2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).