Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-11-106. Per capita at each generation

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

(a) “Deceased descendant”, “deceased parent”, or “deceased grandparent” means a descendant, parent, or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under section 15-11-104 .

(b) “Surviving descendant” means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 15-11-104 .

(2) Decedent's descendants.  If, under section 15-11-103(2) , a decedent's intestate estate or a part thereof passes “per capita at each generation” to the decedent's descendants, the estate or part thereof 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 are allocated a share and their surviving descendants had predeceased the decedent.

(3) Descendants of parents or grandparents.  If, under section 15-11-103(4) or (6) , a decedent's intestate estate or a part thereof passes “per capita at each generation” to the descendants of the decedent's deceased parents or either of them, or to the descendants of the decedent's deceased grandparents or any of them, the estate or part thereof is divided into as many equal shares as there are (i) surviving descendants in the generation nearest to the deceased parents or either of them, or the deceased grandparents or any of them, that 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.


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