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Colorado Heirship or Descent Affidavit Questionnaire

Category:
Probate - Heirship
State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Who Gets What in Colorado? If you die with:here's what happens:children but no spousechildren inherit everythingspouse but no descendantsspouse inherits everythingspouse and descendants from you and that spouse, and the spouse has no other descendantsspouse inherits everything5 more rows

In Colorado, if someone passes away without a spouse, but has children, the children inherit all eligible assets. If someone passes away without children, but has a spouse, the spouse inherits all eligible assets.

There is no need for all heirs to agree to sell a property if it is still in probate. The heirs need to petition the court for approval to sell the property. If they file a suit for partition, the court can order a property sale.

If you die without a will in Colorado, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether or not your spouse is also their biological parent.

Per Colorado Revised Statutes, the legal next-of-kin is designated to the following person(s) and progresses in the following order: Personal representative or special administrator of the deceased individual's estate. The surviving spouse of the deceased, if not legally separated.

There are deadlines: Probate forms must be filed within 10 days of the death, regardless of whether a formal or informal probate case will follow.

Per Colorado Revised Statutes, the legal next-of-kin is designated to the following person(s) and progresses in the following order: Personal representative or special administrator of the deceased individual's estate. The surviving spouse of the deceased, if not legally separated.

Surviving spouses and children are first to qualify as direct heirs-at-law in California's Intestate Succession which orders the priority of heirs on how closely they are related to the decedent. Grand children would qualify as direct heirs only if their parents are deceased.

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