Colorado 2022 Regular Session

Colorado Senate Bill SB092 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0686.01 Conrad Imel x2313
1	8		SENATE BILL 22-092
2		-	~~BY SENATOR(S) Gardner,~~ ~~Cooke, Gonzales, Lee, Moreno, Priola,~~
3		-	~~Smallwood;~~
4		-	~~also REPRESENTATIVE(S) Soper,~~ ~~Bird, Lynch.~~
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING CHANGES TO THE "COLORADO PROBATE CODE".
7		-
8		-	Be it enacted by the General Assembly of the State of Colorado:
9		-	SECTION 1. In Colorado Revised Statutes, 15-11-101, amend (2)
10		-	as follows:
11		-	15-11-101. Intestate estate. (2) A decedent by will may expressly
12		-	exclude or limit the right of an individual or class to succeed to property of
13		-	the decedent passing by intestate succession. If that individual or a member
14		-	of that class survives the decedent, the share of the decedent's intestate
15		-	estate to which that individual or class would have succeeded passes as if
16		-	that individual or each member of that class had disclaimed his or her THE
17		-	intestate share.
18		-	SECTION 2. In Colorado Revised Statutes, repeal and reenact,
19		-	with amendments, 15-11-103 as follows:
20		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
21		-	officers and the Governor. To determine whether the Governor has signed the bill
22		-	or taken other action on it, please consult the legislative status sheet, the legislative
23		-	history, or the Session Laws.
24		-	________
25		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26		-	through words or numbers indicate deletions from existing law and such material is not part of
27		-	the act. 15-11-103. Share of heirs other than surviving spouse and
	13	+	ONCERNING CHANGES TO THE "COLORADO PROBATE CODE".101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov/
	20	+	.)
	21	+	Colorado Commission on Uniform State Laws. The bill makes
	22	+	changes to the "Colorado Probate Code" (code). Specifically, the bill
	23	+	describes how property passes when a decedent dies without a will
	24	+	(intestate) and the estate or any part of the estate does not pass to a
	25	+	surviving spouse or designated beneficiary pursuant to existing law. In
	26	+	that situation, the portion of the estate passing through intestate
	27	+	succession is distributed as follows:
	28	+	! If the decedent is survived by one or more descendants, the
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	March 16, 2022
	32	+	HOUSE
	33	+	2nd Reading Unamended
	34	+	March 15, 2022
	35	+	SENATE
	36	+	3rd Reading Unamended
	37	+	February 23, 2022
	38	+	SENATE
	39	+	2nd Reading Unamended
	40	+	February 22, 2022
	41	+	SENATE SPONSORSHIP
	42	+	Gardner, Cooke, Gonzales, Lee, Moreno, Priola, Smallwood
	43	+	HOUSE SPONSORSHIP
	44	+	Soper, Bird, Lynch
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	47	+	Dashes through the words indicate deletions from existing statute. portion of the estate passes to the decedent's surviving
	48	+	descendants per capita at each generation;
	49	+	! If the decedent is not survived by a descendant but is
	50	+	survived by one or more parents, the portion of the estate
	51	+	is divided into as many equal shares as there are surviving
	52	+	parents and deceased parents with one or more
	53	+	descendants. One share passes to each surviving parent,
	54	+	and the balance passes per capita at each generation to the
	55	+	surviving descendants of the decedent's deceased parents.
	56	+	! If the decedent is not survived by a descendant or parent
	57	+	but is survived by one or more descendants of a parent, the
	58	+	portion of the estate passes per capita at each generation to
	59	+	the surviving descendants of the decedent's deceased
	60	+	parents; or
	61	+	! If a decedent is not survived by a descendant, parent, or
	62	+	descendant of a parent but is survived by one or more
	63	+	grandparents, the portion of the estate is divided into as
	64	+	many equal shares as there are surviving grandparents and
	65	+	deceased grandparents with one or more surviving
	66	+	descendants. One share passes to each surviving
	67	+	grandparent, and the balance passes per capita at each
	68	+	generation to the surviving descendants of the decedent's
	69	+	deceased grandparents.
	70	+	The bill clarifies how the estate passes to surviving descendants of
	71	+	a deceased parent or grandparent.
	72	+	The bill replaces outdated terminology in the code with modern
	73	+	language, including replacing gender-specific language.
	74	+	Be it enacted by the General Assembly of the State of Colorado:1
	75	+	SECTION 1. In Colorado Revised Statutes, 15-11-101, amend2
	76	+	(2) as follows:3
	77	+	15-11-101. Intestate estate. (2) A decedent by will may4
	78	+	expressly exclude or limit the right of an individual or class to succeed to5
	79	+	property of the decedent passing by intestate succession. If that individual6
	80	+	or a member of that class survives the decedent, the share of the7
	81	+	decedent's intestate estate to which that individual or class would have8
	82	+	succeeded passes as if that individual or each member of that class had9
	83	+	disclaimed his or her
	84	+	THE intestate share.10
	85	+	092-2- SECTION 2. In Colorado Revised Statutes, repeal and reenact,1
	86	+	with amendments, 15-11-103 as follows:2
	87	+	15-11-103. Share of heirs other than surviving spouse and3
28	88		designated beneficiary - definitions. (1) Definitions. I
29		-	N THIS SECTION:
	89	+	N THIS SECTION:4
30	90		(a) "D
31		-	ECEASED PARENT", "DECEASED GRANDPARENT ", OR
32		-	"DECEASED SPOUSE" MEANS A PARENT, GRANDPARENT, OR SPOUSE WHO
33		-	EITHER PREDECEASED THE DECEDENT OR IS DEEMED UNDER THIS ARTICLE
	91	+	ECEASED PARENT", "DECEASED GRANDPARENT ", OR5
	92	+	"
	93	+	DECEASED SPOUSE" MEANS A PARENT, GRANDPARENT, OR SPOUSE WHO6
	94	+	EITHER PREDECEASED THE DECEDENT OR IS DEEMED UNDER THIS ARTICLE7
34	95		11
35		-	TO HAVE PREDECEASED THE DECEDENT .
	96	+	TO HAVE PREDECEASED THE DECEDENT .8
36	97		(b) "S
37		-	URVIVING SPOUSE", "SURVIVING DESCENDANT", "SURVIVING
38		-	PARENT
39		-	", OR "SURVIVING GRANDPARENT " MEANS A SPOUSE, DESCENDANT,
40		-	PARENT, OR GRANDPARENT WHO NEITHER PREDECEASED THE DECEDENT NOR
41		-	IS DEEMED UNDER THIS ARTICLE
42		-	11 TO HAVE PREDECEASED THE DECEDENT .
43		-	(2) Heirs other than surviving spouse and designated
	98	+	URVIVING SPOUSE", "SURVIVING DESCENDANT", "SURVIVING9
	99	+	PARENT", OR "SURVIVING GRANDPARENT" MEANS A SPOUSE, DESCENDANT,10
	100	+	PARENT, OR GRANDPARENT WHO NEITHER PREDECEASED THE DECEDENT11
	101	+	NOR IS DEEMED UNDER THIS ARTICLE 11 TO HAVE PREDECEASED THE12
	102	+	DECEDENT.13
	103	+	(2) Heirs other than surviving spouse and designated14
44	104		beneficiary. A
45		-	NY PART OF THE INTESTATE ESTATE NOT PASSING TO THE
46		-	DECEDENT
47		-	'S SURVIVING SPOUSE UNDER SECTION 15-11-102, OR TO THE
48		-	DECEDENT
49		-	'S SURVIVING DESIGNATED BENEFICIARY UNDER SECTION
50		-	15-11-102.5, OR THE ENTIRE ESTATE IF THERE IS NO SURVIVING SPOUSE AND
51		-	NO SURVIVING DESIGNATED BENEFICIARY WITH THE RIGHT TO INHERIT REAL
52		-	OR PERSONAL PROPERTY FROM THE DECEDENT THROUGH INTESTATE
53		-	SUCCESSION
54		-	, PASSES TO THE DECEDENT 'S DESCENDANTS, PARENTS, OR
55		-	OTHER HEIRS AS PROVIDED IN SUBSECTIONS
56		-	(3) TO (9) OF THIS SECTION.
	105	+	NY PART OF THE INTESTATE ESTATE NOT PASSING TO THE15
	106	+	DECEDENT'S SURVIVING SPOUSE UNDER SECTION 15-11-102, OR TO THE16
	107	+	DECEDENT'S SURVIVING DESIGNATED BENEFICIARY UNDER SECTION17
	108	+	15-11-102.5,
	109	+	OR THE ENTIRE ESTATE IF THERE IS NO SURVIVING SPOUSE18
	110	+	AND NO SURVIVING DESIGNATED BENEFICIARY WITH THE RIGHT TO INHERIT19
	111	+	REAL OR PERSONAL PROPERTY FROM THE DECEDENT THROUGH INTESTATE20
	112	+	SUCCESSION, PASSES TO THE DECEDENT'S DESCENDANTS, PARENTS, OR21
	113	+	OTHER HEIRS AS PROVIDED IN SUBSECTIONS (3) TO (9) OF THIS SECTION.22
57	114		(3) Surviving descendants. I
58		-	F A DECEDENT IS SURVIVED BY ONE OR
59		-	MORE DESCENDANTS
60		-	, ANY PART OF THE INTESTATE ESTATE NOT PASSING TO
61		-	THE SURVIVING SPOUSE OR SURVIVING DESIGNATED BENEFICIARY PASSES PER
62		-	CAPITA AT EACH GENERATION TO THE DECEDENT
63		-	'S SURVIVING
64		-	DESCENDANTS
65		-	.
66		-	(4) Surviving parent. I
67		-	F A DECEDENT IS NOT SURVIVED BY A
68		-	DESCENDANT BUT IS SURVIVED BY ONE OR MORE PARENTS
69		-	, ANY PART OF THE
70		-	INTESTATE ESTATE NOT PASSING TO THE SURVIVING SPOUSE OR SURVIVING
71		-	DESIGNATED BENEFICIARY IS DISTRIBUTED AS FOLLOWS
72		-	:
	115	+	F A DECEDENT IS SURVIVED BY ONE23
	116	+	OR MORE DESCENDANTS , ANY PART OF THE INTESTATE ESTATE NOT24
	117	+	PASSING TO THE SURVIVING SPOUSE OR SURVIVING DESIGNATED25
	118	+	BENEFICIARY PASSES PER CAPITA AT EACH GENERATION TO THE26
	119	+	DECEDENT'S SURVIVING DESCENDANTS.27
	120	+	092
	121	+	-3- (4) Surviving parent. I F A DECEDENT IS NOT SURVIVED BY A1
	122	+	DESCENDANT BUT IS SURVIVED BY ONE OR MORE PARENTS , ANY PART OF2
	123	+	THE INTESTATE ESTATE NOT PASSING TO THE SURVIVING SPOUSE OR3
	124	+	SURVIVING DESIGNATED BENEFICIARY IS DISTRIBUTED AS FOLLOWS :4
73	125		(a) T
74		-	HE INTESTATE ESTATE OR PART IS DIVIDED INTO AS MANY EQUAL
75		-	SHARES AS THERE ARE
76		-	:
	126	+	HE INTESTATE ESTATE OR PART IS DIVIDED INTO AS MANY5
	127	+	EQUAL SHARES AS THERE ARE:6
77	128		(I) S
78		-	URVIVING PARENTS; ~~AND~~
79		-	(II) ~~DECEASED PARENTS WITH ONE OR MORE SURVIVING~~
80		-	~~PAGE 2-SENATE~~ ~~BILL 22-092~~ ~~DESCENDANTS, IF ANY, AS DETERMINED UNDER SUBSECTION (5) OF THIS~~
81		-	~~SECTION~~
82		-	.
	129	+	URVIVING PARENTS; AND7
	130	+	(II) D
	131	+	ECEASED PARENTS WITH ONE OR MORE SURVIVING8
	132	+	DESCENDANTS, IF ANY, AS DETERMINED UNDER SUBSECTION (5) OF THIS9
	133	+	SECTION.10
83	134		(b) O
84		-	NE SHARE PASSES TO EACH SURVIVING PARENT .
	135	+	NE SHARE PASSES TO EACH SURVIVING PARENT .11
85	136		(c) T
86		-	HE BALANCE OF THE INTESTATE ESTATE OR PART, IF ANY, PASSES
87		-	PER CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
88		-	DECEDENT
89		-	'S DECEASED PARENTS, AS DETERMINED UNDER SUBSECTION (5) OF
90		-	THIS SECTION
91		-	.
92		-	(5) When parent survives - computation of shares of surviving
	137	+	HE BALANCE OF THE INTESTATE ESTATE OR PART , IF ANY,12
	138	+	PASSES PER CAPITA AT EACH GENERATION TO THE SURVIVING13
	139	+	DESCENDANTS OF THE DECEDENT 'S DECEASED PARENTS, AS DETERMINED14
	140	+	UNDER SUBSECTION (5) OF THIS SECTION.15
	141	+	(5) When parent survives - computation of shares of surviving16
93	142		descendants of deceased parent. T
94		-	HE FOLLOWING RULES APPLY UNDER
95		-	SUBSECTION
96		-	(4) OF THIS SECTION TO DETERMINE WHETHER A DECEASED
97		-	PARENT OF THE DECEDENT IS TREATED AS HAVING A SURVIVING
98		-	DESCENDANT
99		-	:
	143	+	HE FOLLOWING RULES APPLY UNDER17
	144	+	SUBSECTION (4) OF THIS SECTION TO DETERMINE WHETHER A DECEASED18
	145	+	PARENT OF THE DECEDENT IS TREATED AS HAVING A SURVIVING19
	146	+	DESCENDANT:20
100	147		(a) I
101		-	F ALL THE SURVIVING DESCENDANTS OF ONE OR MORE DECEASED
102		-	PARENTS ALSO ARE DESCENDANTS OF ONE OR MORE SURVIVING PARENTS
103		-	AND NONE OF THOSE SURVIVING PARENTS HAS ANY OTHER SURVIVING
104		-	DESCENDANT
105		-	, THOSE DESCENDANTS ARE DEEMED TO HAVE PREDECEASED
106		-	THE DECEDENT
107		-	.
	148	+	F ALL THE SURVIVING DESCENDANTS OF ONE OR MORE21
	149	+	DECEASED PARENTS ALSO ARE DESCENDANTS OF ONE OR MORE SURVIVING22
	150	+	PARENTS AND NONE OF THOSE SURVIVING PARENTS HAS ANY OTHER23
	151	+	SURVIVING DESCENDANT , THOSE DESCENDANTS ARE DEEMED TO HAVE24
	152	+	PREDECEASED THE DECEDENT .25
108	153		(b) I
109		-	F TWO OR MORE DECEASED PARENTS HAVE THE SAME SURVIVING
110		-	DESCENDANTS AND NONE OF THOSE DECEASED PARENTS HAS ANY OTHER
111		-	SURVIVING DESCENDANT
112		-	, THOSE DECEASED PARENTS ARE DEEMED TO BE
113		-	ONE DECEASED PARENT WITH SURVIVING DESCENDANTS
114		-	.
	154	+	F TWO OR MORE DECEASED PARENTS HAVE THE SAME26
	155	+	SURVIVING DESCENDANTS AND NONE OF THOSE DECEASED PARENTS HAS27
	156	+	092
	157	+	-4- ANY OTHER SURVIVING DESCENDANT , THOSE DECEASED PARENTS ARE1
	158	+	DEEMED TO BE ONE DECEASED PARENT WITH SURVIVING DESCENDANTS .2
115	159		(6) Surviving descendant of deceased parent. I
116		-	F A DECEDENT IS
117		-	NOT SURVIVED BY A DESCENDANT OR PARENT BUT IS SURVIVED BY ONE OR
118		-	MORE DESCENDANTS OF A PARENT
119		-	, THE INTESTATE ESTATE PASSES PER
120		-	CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
121		-	DECEDENT
122		-	'S DECEASED PARENTS.
	160	+	F A DECEDENT IS3
	161	+	NOT SURVIVED BY A DESCENDANT OR PARENT BUT IS SURVIVED BY ONE OR4
	162	+	MORE DESCENDANTS OF A PARENT , THE INTESTATE ESTATE PASSES PER5
	163	+	CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE6
	164	+	DECEDENT'S DECEASED PARENTS.7
123	165		(7) Surviving grandparent. I
124		-	F A DECEDENT IS NOT SURVIVED BY A
125		-	DESCENDANT
126		-	, PARENT, OR DESCENDANT OF A PARENT BUT IS SURVIVED BY
127		-	ONE OR MORE GRANDPARENTS
128		-	, THE INTESTATE ESTATE IS DISTRIBUTED AS
129		-	FOLLOWS
130		-	:
	166	+	F A DECEDENT IS NOT SURVIVED BY8
	167	+	A DESCENDANT, PARENT, OR DESCENDANT OF A PARENT BUT IS SURVIVED9
	168	+	BY ONE OR MORE GRANDPARENTS , THE INTESTATE ESTATE IS DISTRIBUTED10
	169	+	AS FOLLOWS:11
131	170		(a) T
132		-	HE INTESTATE ESTATE IS DIVIDED INTO AS MANY EQUAL SHARES
133		-	AS THERE ARE
134		-	:
135		-	PAGE 3-SENATE BILL 22-092 (I) SURVIVING GRANDPARENTS ; AND
136		-	(II) DECEASED GRANDPARENTS WITH ONE OR MORE SURVIVING
137		-	DESCENDANTS
138		-	, IF ANY, AS DETERMINED UNDER SUBSECTION (8) OF THIS
139		-	SECTION
140		-	.
	171	+	HE INTESTATE ESTATE IS DIVIDED INTO AS MANY EQUAL12
	172	+	SHARES AS THERE ARE:13
	173	+	(I) S
	174	+	URVIVING GRANDPARENTS ; AND14
	175	+	(II) D
	176	+	ECEASED GRANDPARENTS WITH ONE OR MORE SURVIVING15
	177	+	DESCENDANTS, IF ANY, AS DETERMINED UNDER SUBSECTION (8) OF THIS16
	178	+	SECTION.17
141	179		(b) O
142		-	NE SHARE PASSES TO EACH SURVIVING GRANDPARENT .
	180	+	NE SHARE PASSES TO EACH SURVIVING GRANDPARENT .18
143	181		(c) T
144		-	HE BALANCE OF THE INTESTATE ESTATE , IF ANY, PASSES PER
145		-	CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
146		-	DECEDENT
147		-	'S DECEASED GRANDPARENTS , AS DETERMINED UNDER
148		-	SUBSECTION
149		-	(8) OF THIS SECTION.
150		-	(8) When grandparent survives - computation of shares of
	182	+	HE BALANCE OF THE INTESTATE ESTATE , IF ANY, PASSES PER19
	183	+	CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE20
	184	+	DECEDENT'S DECEASED GRANDPARENTS , AS DETERMINED UNDER21
	185	+	SUBSECTION (8) OF THIS SECTION.22
	186	+	(8) When grandparent survives - computation of shares of23
151	187		surviving descendants of deceased grandparent. T
152		-	HE FOLLOWING RULES
153		-	APPLY UNDER SUBSECTION
154		-	(7) OF THIS SECTION TO DETERMINE WHETHER A
155		-	DECEASED GRANDPARENT OF THE DECEDENT IS TREATED AS HAVING A
156		-	SURVIVING DESCENDANT
157		-	:
158		-	(a) I
159		-	F ALL THE SURVIVING DESCENDANTS OF ONE OR MORE DECEASED
160		-	GRANDPARENTS ALSO ARE DESCENDANTS OF ONE OR MORE SURVIVING
161		-	GRANDPARENTS AND NONE OF THOSE SURVIVING GRANDPARENTS HAS ANY
162		-	OTHER SURVIVING DESCENDANT
163		-	, THOSE DESCENDANTS ARE DEEMED TO
164		-	HAVE PREDECEASED THE DECEDENT
165		-	.
	188	+	HE FOLLOWING24
	189	+	RULES APPLY UNDER SUBSECTION (7) OF THIS SECTION TO DETERMINE25
	190	+	WHETHER A DECEASED GRANDPARENT OF THE DECEDENT IS TREATED AS26
	191	+	HAVING A SURVIVING DESCENDANT :27
	192	+	092
	193	+	-5- (a) IF ALL THE SURVIVING DESCENDANTS OF ONE OR MORE1
	194	+	DECEASED GRANDPARENTS ALSO ARE DESCENDANTS OF ONE OR MORE2
	195	+	SURVIVING GRANDPARENTS AND NONE OF THOSE SURVIVING3
	196	+	GRANDPARENTS HAS ANY OTHER SURVIVING DESCENDANT , THOSE4
	197	+	DESCENDANTS ARE DEEMED TO HAVE PREDECEASED THE DECEDENT .5
166	198		(b) I
167		-	F TWO OR MORE DECEASED GRANDPARENTS HAVE THE SAME
168		-	SURVIVING DESCENDANTS AND NONE OF THOSE DECEASED GRANDPARENTS
169		-	HAS ANY OTHER SURVIVING DESCENDANT
170		-	, THOSE DECEASED GRANDPARENTS
171		-	ARE DEEMED TO BE ONE DECEASED GRANDPARENT WITH SURVIVING
172		-	DESCENDANTS
173		-	.
	199	+	F TWO OR MORE DECEASED GRANDPARENTS HAVE THE SAME6
	200	+	SURVIVING DESCENDANTS AND NONE OF THOSE DECEASED GR ANDPARENTS7
	201	+	HAS ANY OTHER SURVIVING DESCE NDANT , THOSE DECEASED8
	202	+	GRANDPARENTS ARE DEEMED TO BE ONE DECEASED GRANDPARENT WITH9
	203	+	SURVIVING DESCENDANTS.10
174	204		(9) Surviving descendant of deceased grandparent. I
175		-	F A
176		-	DECEDENT IS NOT SURVIVED BY A DESCENDANT
177		-	, PARENT, DESCENDANT OF
178		-	A PARENT
179		-	, OR GRANDPARENT BUT IS SURVIVED BY ONE OR MORE
180		-	DESCENDANTS OF A GRANDPARENT
181		-	, THE INTESTATE ESTATE PASSES PER
182		-	CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
183		-	DECEDENT
184		-	'S DECEASED GRANDPARENTS .
185		-	SECTION 3. In Colorado Revised Statutes, amend 15-11-106 as
186		-	follows:
187		-	PAGE 4-SENATE BILL 22-092 15-11-106. Per capita at each generation. (1) Definitions. As
188		-	used In this section: unless the context otherwise requires:
189		-	(a) "Deceased descendant", "deceased parent", or "deceased
	205	+	F A11
	206	+	DECEDENT IS NOT SURVIVED BY A DESCENDANT , PARENT, DESCENDANT OF12
	207	+	A PARENT, OR GRANDPARENT BUT IS SURVIVED BY ONE OR MORE13
	208	+	DESCENDANTS OF A GRANDPARENT , THE INTESTATE ESTATE PASSES PER14
	209	+	CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE15
	210	+	DECEDENT'S DECEASED GRANDPARENTS .16
	211	+	SECTION 3. In Colorado Revised Statutes, amend 15-11-106 as17
	212	+	follows:18
	213	+	15-11-106. Per capita at each generation. (1) Definitions. As
	214	+	19
	215	+	used In this section: unless the context otherwise requires:20
	216	+	(a) "Deceased descendant", "deceased parent", or "deceased21
190	217		grandparent",
191		-	OR "DECEASED SPOUSE" means a descendant, parent, orgrandparent, OR SPOUSE who either predeceased the decedent or is deemed
192		-	UNDER THIS SUBPART 1 to have predeceased the decedent. under section
193		-	15-11-104.
194		-	(b) "Surviving descendant" means a descendant who neither
	218	+	OR "DECEASED SPOUSE" means a descendant, parent, or
	219	+	22
	220	+	grandparent,
	221	+	OR SPOUSE who either predeceased the decedent or is23
	222	+	deemed
	223	+	UNDER THIS SUBPART 1 to have predeceased the decedent. under
	224	+	24
	225	+	section 15-11-104.25
	226	+	(b) "Surviving descendant" means a descendant who neither26
195	227		predeceased the decedent nor is deemed
196		-	UNDER THIS SUBPART 1 to have
197		-	predeceased the decedent. under section 15-11-104.
198		-	(2) Decedent's descendants. If, under section 15-11-103 (2) (3),
199		-	ALL OR PART OF a decedent's intestate estate or a part thereof passes "per
	228	+	UNDER THIS SUBPART 1 to have27
	229	+	092
	230	+	-6- predeceased the decedent. under section 15-11-104.1
	231	+	(2) Decedent's descendants. If, under section 15-11-103 (2) (3),2
	232	+	ALL OR PART OF a decedent's intestate estate or a part thereof passes "per3
200	233		capita at each generation" to the decedent's
201		-	SURVIVING descendants, ~~the~~
	234	+	SURVIVING descendants, the4
202	235		estate or part thereof
203		-	is divided into as many equal shares as there are (i)
204		-	surviving descendants in the generation nearest to the decedent which
205		-	contains one or more surviving descendants and (ii) deceased descendants
206		-	in the same generation who left surviving descendants, if any. Each
207		-	surviving descendant in the nearest generation is allocated one share. The
208		-	remaining shares, if any, are combined and then divided in the same manner
209		-	among the surviving descendants of the deceased descendants as if the
210		-	surviving descendants who are
211		-	WERE allocated a share and their surviving
212		-	descendants had predeceased the decedent.
213		-	(3) Descendants of parents or grandparents. If, under section
214		-	15-11-103 (4) or (6), a decedent's intestate estate or a part thereof passes
215		-	"per capita at each generation" to the descendants of the decedent's
216		-	deceased parents or either of them, or to the descendants of the decedent's
217		-	deceased grandparents or any of them, the estate or part thereof is divided
218		-	into as many equal shares as there are (i) surviving descendants in the
219		-	generation nearest to the deceased parents or either of them, or the deceased
220		-	grandparents or any of them, that contains one or more surviving
221		-	descendants and (ii) deceased descendants in the same generation who left
222		-	surviving descendants, if any. Each surviving descendant in the nearest
223		-	generation is allocated one share. The remaining shares, if any, are
224		-	combined and then divided in the same manner among the surviving
225		-	descendants of the deceased descendants as if the surviving descendants
226		-	who were allocated a share and their surviving descendants had predeceased
227		-	PAGE 5-SENATE BILL 22-092 the decedent Descendants of parent when parent survives. I F A
228		-	DECEDENT IS SURVIVED BY ONE OR MORE PARENTS AND
229		-	, UNDER SECTION
230		-	15-11-103 (4) AND (5), THE BALANCE OF THE DECEDENT'S INTESTATE ESTATE
231		-	OR PART PASSES PER CAPITA AT EA CH GENERATION TO THE SURVIVING
232		-	DESCENDANTS OF ONE OR MORE OF THE DECEDENT
233		-	'S DECEASED PARENTS,
234		-	THE BALANCE PASSES TO THOSE DESCENDANTS AS IF THEY WERE THE
235		-	DECEDENT
236		-	'S SURVIVING DESCENDANTS UNDER SUBSECTION (2) OF THIS
237		-	SECTION
238		-	.
	236	+	is divided into as many equal shares as there are (i)5
	237	+	surviving descendants in the generation nearest to the decedent which6
	238	+	contains one or more surviving descendants and (ii) deceased descendants7
	239	+	in the same generation who left surviving descendants, if any. Each8
	240	+	surviving descendant in the nearest generation is allocated one share. The9
	241	+	remaining shares, if any, are combined and then divided in the same10
	242	+	manner among the surviving descendants of the deceased descendants as11
	243	+	if the surviving descendants who are WERE allocated a share and their12
	244	+	surviving descendants had predeceased the decedent.13
	245	+	(3) Descendants of parents or grandparents. If, under section14
	246	+	15-11-103 (4) or (6), a decedent's intestate estate or a part thereof passes15
	247	+	"per capita at each generation" to the descendants of the decedent's16
	248	+	deceased parents or either of them, or to the descendants of the decedent's17
	249	+	deceased grandparents or any of them, the estate or part thereof is divided18
	250	+	into as many equal shares as there are (i) surviving descendants in the19
	251	+	generation nearest to the deceased parents or either of them, or the20
	252	+	deceased grandparents or any of them, that contains one or more21
	253	+	surviving descendants and (ii) deceased descendants in the same22
	254	+	generation who left surviving descendants, if any. Each surviving23
	255	+	descendant in the nearest generation is allocated one share. The remaining24
	256	+	shares, if any, are combined and then divided in the same manner among25
	257	+	the surviving descendants of the deceased descendants as if the surviving26
	258	+	descendants who were allocated a share and their surviving descendants27
	259	+	092
	260	+	-7- had predeceased the decedent Descendants of parent when parent1
	261	+	survives. I
	262	+	F A DECEDENT IS SURVIVED BY ONE OR MORE PARENTS AND ,2
	263	+	UNDER SECTION 15-11-103 (4) AND (5), THE BALANCE OF THE DECEDENT'S3
	264	+	INTESTATE ESTATE OR PART PASSES PER CAPITA AT EACH GENERATION TO4
	265	+	THE SURVIVING DESCENDANTS OF ONE OR MORE OF THE DECEDENT 'S5
	266	+	DECEASED PARENTS, THE BALANCE PASSES TO THOSE DESCENDANTS AS IF6
	267	+	THEY WERE THE DECEDENT 'S SURVIVING DESCENDANTS UNDER7
	268	+	SUBSECTION (2) OF THIS SECTION.8
239	269		(4) Descendants of parent when no parent survives. I
240		-	F A
241		-	DECEDENT IS NOT SURVIVED BY A PARENT AND
242		-	, UNDER SECTION 15-11-103
	270	+	F A9
	271	+	DECEDENT IS NOT SURVIVED BY A PARENT AND, UNDER SECTION 15-11-10310
243	272		(6),
244		-	THE DECEDENT'S INTESTATE ESTATE PASSES PER CAPITA AT EACH
245		-	GENERATION TO THE SURVIVING DESCENDANTS OF ONE OR MORE OF THE
246		-	DECEDENT
247		-	'S DECEASED PARENTS, THE INTESTATE ESTATE PASSES TO THOSE
248		-	DESCENDANTS AS IF THEY WERE THE DECEDENT
249		-	'S SURVIVING DESCENDANTS
250		-	UNDER SUBSECTION
251		-	(2) OF THIS SECTION.
252		-	(5) Descendants of grandparent when grandparent survives. I
253		-	F
254		-	A DECEDENT IS SURVIVED BY ONE OR MORE GRANDPARENTS AND
255		-	, UNDER
256		-	SECTION
257		-	15-11-103 (7) AND (8), THE BALANCE OF THE DECEDENT 'S
258		-	INTESTATE ESTATE PASSES PER CAPITA AT EACH GENERATION TO THE
259		-	SURVIVING DESCENDANTS OF ONE OR MORE OF THE DECEDENT
260		-	'S DECEASED
261		-	GRANDPARENTS
262		-	, THE BALANCE PASSES TO THOSE DESCENDANTS AS IF THEY
263		-	WERE THE DECEDENT
264		-	'S SURVIVING DESCENDANTS UNDER SUBSECTION (2) OF
265		-	THIS SECTION
266		-	.
267		-	(6) Descendants of grandparent when no grandparent survives.
	273	+	THE DECEDENT'S INTESTATE ESTATE PASSES PER CAPITA AT EACH11
	274	+	GENERATION TO THE SURVIVING DESCENDANTS OF ONE OR MORE OF THE12
	275	+	DECEDENT'S DECEASED PARENTS, THE INTESTATE ESTATE PASSES TO13
	276	+	THOSE DESCENDANTS AS IF THEY WERE THE DECEDENT 'S SURVIVING14
	277	+	DESCENDANTS UNDER SUBSECTION (2) OF THIS SECTION.15
	278	+	(5) Descendants of grandparent when grandparent survives.16
268	279		I
269		-	F A DECEDENT IS NOT SURVIVED BY A GRANDPARENT AND , UNDER SECTION
270		-	15-11-103 (9), THE DECEDENT'S INTESTATE ESTATE PASSES PER CAPITA AT
271		-	EACH GENERATION TO THE SURVIVING DESCENDANTS OF ONE OR MORE OF
272		-	THE DECEDENT
273		-	'S DECEASED GRANDPARENTS , THE INTESTATE ESTATE PASSES
274		-	TO THOSE DESCENDANTS AS IF THEY WERE THE DECEDENT
275		-	'S SURVIVING
276		-	DESCENDANTS UNDER SUBSECTION
277		-	(2) OF THIS SECTION.
278		-	SECTION 4. In Colorado Revised Statutes, repeal and reenact,
279		-	with amendments, 15-11-107 as follows:
280		-	15-11-107. Inheritance without regard to number of common
	280	+	F A DECEDENT IS SURVIVED BY ONE OR MORE GRANDPARENTS AND ,17
	281	+	UNDER SECTION 15-11-103 (7) AND (8), THE BALANCE OF THE DECEDENT'S18
	282	+	INTESTATE ESTATE PASSES PER CAPITA AT EACH GENERATION TO THE19
	283	+	SURVIVING DESCENDANTS OF ONE OR MORE OF THE DECEDENT 'S DECEASED20
	284	+	GRANDPARENTS, THE BALANCE PASSES TO THOSE DESCENDANTS AS IF21
	285	+	THEY WERE THE DECEDENT 'S SURVIVING DESCENDANTS UNDER22
	286	+	SUBSECTION (2) OF THIS SECTION.23
	287	+	(6) Descendants of grandparent when no grandparent24
	288	+	survives. I
	289	+	F A DECEDENT IS NOT SURVIVED BY A GRANDPARENT AND ,25
	290	+	UNDER SECTION 15-11-103 (9), THE DECEDENT'S INTESTATE ESTATE26
	291	+	PASSES PER CAPITA AT EACH GE NERATION TO THE SURVIVING27
	292	+	092
	293	+	-8- DESCENDANTS OF ONE OR MORE OF THE DECEDENT 'S DECEASED1
	294	+	GRANDPARENTS, THE INTESTATE ESTATE PASSES TO THOSE DESCENDANTS2
	295	+	AS IF THEY WERE THE DECEDENT 'S SURVIVING DESCENDANTS UNDER3
	296	+	SUBSECTION (2) OF THIS SECTION.4
	297	+	SECTION 4. In Colorado Revised Statutes, repeal and reenact,5
	298	+	with amendments, 15-11-107 as follows:6
	299	+	15-11-107. Inheritance without regard to number of common7
281	300		ancestors in same generation. A
282		-	N HEIR INHERITS WITHOUT REGARD TO
283		-	HOW MANY COMMON ANCESTORS IN THE SAME GENERATION THE HEIR
284		-	PAGE 6-SENATE BILL 22-092 SHARES WITH THE DECEDENT.
285		-	SECTION 5. In Colorado Revised Statutes, 15-11-109, amend (1)
286		-	as follows:
287		-	15-11-109. Advancements. (1) If an individual dies intestate as to
288		-	all or a portion of his or her THE estate, property the decedent gave during
289		-	the decedent's lifetime to an individual who, at the decedent's death, is an
290		-	heir is treated as an advancement against the heir's intestate share only if (i)
291		-	the decedent declared in a contemporaneous writing or the heir
292		-	acknowledged in writing that the gift is an advancement, or (ii) the
293		-	decedent's contemporaneous writing or the heir's written acknowledgment
294		-	otherwise indicates that the gift is to be taken into account in computing the
295		-	division and distribution of the decedent's intestate estate.
296		-	SECTION 6. In Colorado Revised Statutes, amend 15-11-113 as
297		-	follows:
298		-	15-11-113. Individual related to decedent through more than
299		-	one line of relationship. An individual who is related to the decedent
300		-	through two blood lines
301		-	MORE THAN ONE LINE of relationship is entitled to
302		-	only a single share based upon the relationship which would entitle the
303		-	individual to the larger LARGEST share. THE INDIVIDUAL AND THE
304		-	INDIVIDUAL
305		-	'S DESCENDANTS ARE DEEMED TO HAVE PREDECEASED THE
306		-	DECEDENT WITH RESPECT TO A LINE OF RELATIONSHIP RESULTING IN A
307		-	SMALLER SHARE
308		-	.
309		-	SECTION 7. In Colorado Revised Statutes, 15-11-114, amend (2)
310		-	as follows:
311		-	15-11-114. Parent barred from inheriting in certain
312		-	circumstances. (2) For the purpose of intestate succession from or through
313		-	the deceased child, a parent who is barred from inheriting under this section
314		-	is treated as if the parent
315		-	DEEMED TO HAVE predeceased the child.
316		-	SECTION 8. In Colorado Revised Statutes, 15-11-201, amend (7)
317		-	and (10)(c) as follows:
318		-	15-11-201. Definitions. (7) "Presently exercisable general power
319		-	of appointment" means a power of appointment under which, at the time in
320		-	PAGE 7-SENATE BILL 22-092 question, the decedent HELD A POWER TO CREATE A PRESENT OR FUTURE
321		-	INTEREST IN THE DECEDENT
322		-	, THE DECEDENT'S CREDITORS, THE DECEDENT'S
323		-	ESTATE
324		-	, OR CREDITORS OF THE DECEDENT'S ESTATE, whether or not he or she
325		-	THE DECEDENT then had the capacity to exercise the power. held a power to
326		-	create a present or future interest in himself or herself, his or her creditors,
327		-	his or her estate, or the creditors of his or her estate, and THE TERM includes
328		-	a power to revoke or invade the principal of a trust or other property
329		-	arrangement.
330		-	(10) "Transfer", as it relates to a transfer by or on behalf of the
331		-	decedent, includes:
332		-	(c) An exercise, release, or lapse of a presently exercisable general
333		-	power of appointment that the decedent created in himself or herself and
334		-	RESERVED OR of a power described in section 15-11-205 (2)(b) that the
335		-	decedent conferred on a nonadverse party.
336		-	SECTION 9. In Colorado Revised Statutes, 15-11-302, amend (1),
337		-	(2) introductory portion, (2)(b), (3), and (4) as follows:
338		-	15-11-302. Omitted children. (1) Except as provided in subsection
339		-	(2) of this section, if a testator fails to provide in his or her will for any of
340		-	his or her children born or adopted BECOMES A PARENT TO A CHILD after the
341		-	execution of the
342		-	TESTATOR'S will AND FAILS TO PROVIDE IN THE WILL FOR
343		-	THE CHILD
344		-	, the omitted after-born or after-adopted
345		-	child receives a share in
346		-	the estate as follows:
347		-	(a) If the testator had no child living when he or she THE TESTATOR
348		-	executed the will, an THE omitted after-born or after-adopted child receives
349		-	a share in the estate equal in value to that which the child would have
350		-	received had the testator died intestate, unless the will devised all or
351		-	substantially all
	301	+	N HEIR INHERITS WITHOUT REGARD TO8
	302	+	HOW MANY COMMON ANCESTORS IN THE SAME GENERATION THE HEIR9
	303	+	SHARES WITH THE DECEDENT.10
	304	+	SECTION 5. In Colorado Revised Statutes, 15-11-109, amend11
	305	+	(1) as follows:12
	306	+	15-11-109. Advancements. (1) If an individual dies intestate as13
	307	+	to all or a portion of his or her
	308	+	THE estate, property the decedent gave14
	309	+	during the decedent's lifetime to an individual who, at the decedent's15
	310	+	death, is an heir is treated as an advancement against the heir's intestate16
	311	+	share only if (i) the decedent declared in a contemporaneous writing or17
	312	+	the heir acknowledged in writing that the gift is an advancement, or (ii)18
	313	+	the decedent's contemporaneous writing or the heir's written19
	314	+	acknowledgment otherwise indicates that the gift is to be taken into20
	315	+	account in computing the division and distribution of the decedent's21
	316	+	intestate estate.22
	317	+	SECTION 6. In Colorado Revised Statutes, amend 15-11-113 as23
	318	+	follows:24
	319	+	15-11-113. Individual related to decedent through more than25
	320	+	one line of relationship. An individual who is related to the decedent26
	321	+	through two blood lines MORE THAN ONE LINE of relationship is entitled27
	322	+	092
	323	+	-9- to only a single share based upon the relationship which would entitle the1
	324	+	individual to the larger LARGEST share. THE INDIVIDUAL AND THE2
	325	+	INDIVIDUAL'S DESCENDANTS ARE DEEMED TO HAVE PREDECEASED THE3
	326	+	DECEDENT WITH RESPECT TO A LINE OF RELATIONSHIP RESULTING IN A4
	327	+	SMALLER SHARE.5
	328	+	SECTION 7. In Colorado Revised Statutes, 15-11-114, amend6
	329	+	(2) as follows:7
	330	+	15-11-114. Parent barred from inheriting in certain8
	331	+	circumstances. (2) For the purpose of intestate succession from or9
	332	+	through the deceased child, a parent who is barred from inheriting under10
	333	+	this section is treated as if the parent DEEMED TO HAVE predeceased the11
	334	+	child.12
	335	+	SECTION 8. In Colorado Revised Statutes, 15-11-201, amend13
	336	+	(7) and (10)(c) as follows:14
	337	+	15-11-201. Definitions. (7) "Presently exercisable general power15
	338	+	of appointment" means a power of appointment under which, at the time16
	339	+	in question, the decedent
	340	+	HELD A POWER TO CREATE A PRESENT OR FUTURE17
	341	+	INTEREST IN THE DECEDENT, THE DECEDENT'S CREDITORS, THE DECEDENT'S18
	342	+	ESTATE, OR CREDITORS OF THE DECEDENT'S ESTATE, whether or not he or
	343	+	19
	344	+	she THE DECEDENT then had the capacity to exercise the power. held a20
	345	+	power to create a present or future interest in himself or herself, his or her21
	346	+	creditors, his or her estate, or the creditors of his or her estate, and THE22
	347	+	TERM includes a power to revoke or invade the principal of a trust or other23
	348	+	property arrangement.24
	349	+	(10) "Transfer", as it relates to a transfer by or on behalf of the25
	350	+	decedent, includes:26
	351	+	(c) An exercise, release, or lapse of a presently exercisable general27
	352	+	092
	353	+	-10- power of appointment that the decedent created in himself or herself and1
	354	+	RESERVED OR of a power described in section 15-11-205 (2)(b) that the2
	355	+	decedent conferred on a nonadverse party.3
	356	+	SECTION 9. In Colorado Revised Statutes, 15-11-302, amend4
	357	+	(1), (2) introductory portion, (2)(b), (3), and (4) as follows:5
	358	+	15-11-302. Omitted children. (1) Except as provided in6
	359	+	subsection (2) of this section, if a testator fails to provide in his or her will7
	360	+	for any of his or her children born or adopted BECOMES A PARENT TO A8
	361	+	CHILD after the execution of the TESTATOR'S will AND FAILS TO PROVIDE9
	362	+	IN THE WILL FOR THE CHILD, the omitted after-born or after-adopted child10
	363	+	receives a share in the estate as follows:11
	364	+	(a) If the testator had no child living when he or she THE12
	365	+	TESTATOR executed the will, an THE omitted after-born or after-adopted13
	366	+	child receives a share in the estate equal in value to that which the child14
	367	+	would have received had the testator died intestate, unless the will15
	368	+	devised all or substantially all
352	369		OF the estate to the other
353		-	ANOTHER parent of the omitted
354		-	child and that other parent survives the testator and is entitled to take under
355		-	the will.
356		-	(b) If the testator has one or more children living when he or she
357		-	THE TESTATOR executed the will, and the will devised property or an interest
358		-	in property to one or more of the then living children, an THE omitted
359		-	after-born or after-adopted child is entitled to share in the testator's estate
360		-	as follows:
361		-	PAGE 8-SENATE BILL 22-092 (I) The portion of the testator's estate in which the omitted after-born
362		-	or after-adopted child is entitled to share is limited to devises made to the
363		-	testator's then living children under the will.
364		-	(II) The omitted after-born or after-adopted child is entitled to
365		-	receive the share of the testator's estate, as limited in subparagraph (I) of
366		-	this paragraph (b) SUBSECTION (1)(b)(I) OF THIS SECTION, that the child
367		-	would have received had the testator included all omitted after-born and
368		-	after-adopted children with the children to whom devises were made under
369		-	the will and had given an equal share of the estate to each child.
370		-	(III) To the extent feasible, the interest granted an THE omitted
371		-	after-born or after-adopted child under this section shall MUST be of the
372		-	same character, whether equitable or legal, present or future, as that devised
373		-	to the testator's then living children under the will.
374		-	(IV) In satisfying
375		-	THE SATISFACTION OF a share provided by this
376		-	paragraph (b) SUBSECTION (1)(b), devises to the testator's children who were
377		-	living when the will was executed abate ratably. In abating the devises of
378		-	the then living children, the court shall preserve to the maximum extent
379		-	possible the character of the testamentary plan adopted by the testator.
380		-	(2) Neither paragraph (a) nor (b) of subsection (1) of this section
381		-	SUBSECTION (1)(a) OF THIS SECTION NOR SUBSECTION (1)(b) OF THIS
382		-	SECTION
383		-	applies if:
384		-	(b) The testator provided for the omitted after-born or after-adoptedchild by transfer outside the will and the intent that the transfer be in lieu of
385		-	a testamentary provision is shown by the testator's statements or is
386		-	reasonably inferred from the amount of the transfer or other evidence.
387		-	(3) If at the time of execution of the will the testator fails to provide
388		-	in his or her
389		-	THE will for a living child solely because he or she THE
390		-	TESTATOR
391		-	believes the child to be dead, the child is entitled to share in the
392		-	estate as if the child were an omitted after-born or after-adopted
393		-	child.
394		-	(4) In satisfying THE SATISFACTION OF a share provided by
395		-	paragraph (a) of subsection (1) SUBSECTION (1)(a) of this section, devises
396		-	made by the will abate under section 15-12-902.
397		-	PAGE 9-SENATE BILL 22-092 SECTION 10. In Colorado Revised Statutes, 15-11-802, amend (1)
398		-	as follows:
399		-	15-11-802. Effect of divorce, annulment, and decree of
400		-	separation. (1) An individual who is divorced from the decedent or whose
401		-	marriage to the decedent has been annulled is not a surviving spouse unless,
402		-	by virtue of a subsequent marriage, he or she
403		-	THE INDIVIDUAL is married to
404		-	the decedent at the time of death. A decree of separation that does not
405		-	terminate the status of husband and wife
406		-	MARRIAGE is not a divorce for
407		-	purposes of this section.
408		-	SECTION 11. In Colorado Revised Statutes, 15-11-803, amend
409		-	(1)(e), (2), and (6) as follows:
410		-	15-11-803. Effect of homicide on intestate succession, wills,
411		-	trusts, joint assets, life insurance, and beneficiary designations.
412		-	(1) Definitions. As used in this section, unless the context otherwise
413		-	requires:
414		-	(e) "Revocable", with respect to a disposition, appointment,
415		-	provision, or nomination, means one under which the decedent, at the time
416		-	of or immediately before death, was alone empowered, by law or under the
417		-	governing instrument, to cancel the designation in favor of the killer,
418		-	whether or not the decedent was then empowered to designate himself or
419		-	herself THE DECEDENT in place of his or her THE killer and WHETHER or NOT
420		-	the decedent then had capacity to exercise the power.
421		-	(2) Forfeiture of statutory benefits. An individual who feloniously
422		-	kills the decedent forfeits all benefits with respect to the decedent's estate,
423		-	including an intestate share, an elective-share, an omitted spouse's or child's
424		-	share, the decedent's homestead exemption under section 38-41-204,
425		-	C.R.S.,
426		-	exempt property, and a family allowance. If the decedent died
427		-	intestate, the decedent's intestate estate passes as if the killer disclaimed his
428		-	or her THE intestate share.
429		-	(6) Wrongful acquisition of property. A wrongful acquisition of
430		-	property or interest by a killer not covered by this section shall MUST be
431		-	treated in accordance with the principle that a killer cannot profit from his
432		-	or her wrong THE KILLER'S WRONGDOING.
433		-	PAGE 10-SENATE BILL 22-092 SECTION 12. In Colorado Revised Statutes, 15-11-804, amend
434		-	(1)(b), (1)(d), (1)(f), and (2)(a) as follows:
435		-	15-11-804. Revocation of probate and nonprobate transfers by
436		-	divorce - no revocation by other changes of circumstances.
437		-	(1) Definitions. As used in this section, unless the context otherwise
438		-	requires:
439		-	(b) "Divorce or annulment" means any divorce or annulment, or any
440		-	dissolution or declaration of invalidity of a marriage, that would exclude the
441		-	spouse as a surviving spouse within the meaning of section 15-11-802. A
442		-	decree of separation that does not terminate the status of husband and wife
443		-	MARRIAGE is not a divorce for purposes of this section.
444		-	(d) "Governing instrument" refers to a governing instrument
445		-	executed by the divorced individual before the divorce or annulment of his
446		-	or her THE marriage to his or her THE DIVORCED INDIVIDUAL'S former
447		-	spouse.
448		-	(f) "Revocable", with respect to a disposition, appointment,
449		-	provision, or nomination, means one under which the divorced individual,
450		-	at the time of the divorce or annulment, was alone empowered, by law or
451		-	under the governing instrument, to cancel the designation in favor of his or
452		-	her THE DIVORCED INDIVIDUAL'S former spouse or former spouse's relative,
453		-	whether or not the divorced individual was then empowered to designate
454		-	himself or herself
455		-	THE DIVORCED INDIVIDUAL in place of his or her THE
456		-	DIVORCED INDIVIDUAL
457		-	'S former spouse or in place of his or her
458		-	THE
459		-	DIVORCED INDIVIDUAL
460		-	'S former spouse's relative and whether or not the
461		-	divorced individual then had the capacity to exercise the power.
462		-	(2) Revocation upon divorce. Except as provided by the express
463		-	terms of a governing instrument, a court order, or a contract relating to the
464		-	division of the marital estate made between the divorced individuals before
465		-	or after the marriage, divorce, or annulment, the divorce or annulment of a
466		-	marriage:
467		-	(a) Revokes any revocable (i) disposition or appointment of property
468		-	made by a divorced individual to his or her
469		-	THE DIVORCED INDIVIDUAL'S
470		-	former spouse in a governing instrument and any disposition or appointment
471		-	created by law or in a governing instrument to a relative of the divorced
472		-	PAGE 11-SENATE BILL 22-092 individual's former spouse, (ii) provision in a governing instrument
473		-	conferring a general or nongeneral power of appointment on the divorced
474		-	individual's former spouse or on a relative of the divorced individual's
475		-	former spouse, and (iii) nomination in a governing instrument nominating
476		-	a divorced individual's former spouse or a relative of the divorced
477		-	individual's former spouse to serve in any fiduciary or representative
478		-	capacity, including a personal representative, executor, trustee, conservator,
479		-	agent, or guardian; and
480		-	SECTION 13. In Colorado Revised Statutes, 15-12-703, amend
481		-	(1), (2), and (4) as follows:
482		-	15-12-703. General duties - relation and liability to persons
483		-	interested in estate - duty to search for a designated beneficiary
484		-	agreement - standing to sue. (1) A personal representative is a fiduciary
485		-	who shall observe the standards of care applicable to trustees as described
486		-	by part 8 of article 5 of this title 15. A personal representative has
487		-	IS UNDER
488		-	a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. A
489		-	THE personal representative shall use the authority conferred upon
490		-	him or her by this code, the terms of the will, if any, and any order in
491		-	proceedings to which he or she THE PERSONAL REPRESENTATIVE is party for
492		-	the best interests of successors to the estate.
493		-	(2) A personal representative shall not be surcharged for acts of
494		-	administration or distribution if the conduct in question was authorized at
495		-	the time. Subject to other obligations of administration, an informally
496		-	probated will is authority to administer and distribute the estate according
497		-	to its terms. An order of appointment of a personal representative, whether
498		-	issued in informal or formal proceedings, is authority to distribute
499		-	apparently intestate assets to the heirs of the decedent if, at the time of
500		-	distribution, the personal representative is not aware of a pending testacy
501		-	proceeding, a proceeding to vacate an order entered in an earlier testacy
502		-	proceeding, a formal proceeding questioning his
503		-	THE PERSONAL
504		-	REPRESENTATIVE
505		-	'S appointment or fitness to continue, or a supervised
506		-	administration proceeding. Nothing in this section affects
507		-	THIS SECTION
508		-	DOES NOT AFFECT
509		-	the duty of the personal representative to administer and
510		-	distribute the estate in accordance with the rights of claimants
511		-	WHOSE
512		-	CLAIMS HAVE BEEN ALLOWED
513		-	, the surviving spouse, any minor and
514		-	PAGE 12-SENATE BILL 22-092 dependent children, and any pretermitted OMITTED child of the decedent AS
515		-	DESCRIBED ELSEWHERE IN THIS CODE
516		-	.
517		-	(4) Except as to proceedings which do not survive the death of the
518		-	decedent, a personal representative of a decedent domiciled in this state at
519		-	his
520		-	death has the same standing to sue and be sued in the courts of this state
521		-	and the courts of any other jurisdiction as his THE decedent had immediately
522		-	prior to death.
523		-	SECTION 14. Act subject to petition - effective date. This act
524		-	takes effect at 12:01 a.m. on the day following the expiration of the
525		-	ninety-day period after final adjournment of the general assembly; except
526		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
527		-	of the state constitution against this act or an item, section, or part of this act
528		-	within such period, then the act, item, section, or part will not take effect
529		-	unless approved by the people at the general election to be held in
530		-	PAGE 13-SENATE BILL 22-092 November 2022 and, in such case, will take effect on the date of the official
531		-	declaration of the vote thereon by the governor.
532		-	____________________________ ____________________________
533		-	Steve Fenberg Alec Garnett
534		-	PRESIDENT OF SPEAKER OF THE HOUSE
535		-	THE SENATE OF REPRESENTATIVES
536		-	____________________________ ____________________________
537		-	Cindi L. Markwell Robin Jones
538		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
539		-	THE SENATE OF REPRESENTATIVES
540		-	APPROVED________________________________________
541		-	(Date and Time)
542		-	_________________________________________
543		-	Jared S. Polis
544		-	GOVERNOR OF THE STATE OF COLORADO
545		-	PAGE 14-SENATE BILL 22-092
	370	+	ANOTHER parent16
	371	+	of the omitted child and that other parent survives the testator and is17
	372	+	entitled to take under the will.18
	373	+	(b) If the testator has one or more children living when he or she19
	374	+	THE TESTATOR executed the will, and the will devised property or an20
	375	+	interest in property to one or more of the then living children, an THE21
	376	+	omitted after-born or after-adopted child is entitled to share in the22
	377	+	testator's estate as follows:23
	378	+	(I) The portion of the testator's estate in which the omitted24
	379	+	after-born or after-adopted child is entitled to share is limited to devises25
	380	+	made to the testator's then living children under the will.26
	381	+	(II) The omitted after-born or after-adopted child is entitled to27
	382	+	092
	383	+	-11- receive the share of the testator's estate, as limited in subparagraph (I) of1
	384	+	this paragraph (b) SUBSECTION (1)(b)(I) OF THIS SECTION, that the child2
	385	+	would have received had the testator included all omitted after-born and3
	386	+	after-adopted children with the children to whom devises were made4
	387	+	under the will and had given an equal share of the estate to each child.5
	388	+	(III) To the extent feasible, the interest granted an THE omitted6
	389	+	after-born or after-adopted child under this section shall MUST be of the7
	390	+	same character, whether equitable or legal, present or future, as that8
	391	+	devised to the testator's then living children under the will.9
	392	+	(IV) In satisfying THE SATISFACTION OF a share provided by this10
	393	+	paragraph (b) SUBSECTION (1)(b), devises to the testator's children who11
	394	+	were living when the will was executed abate ratably. In abating the12
	395	+	devises of the then living children, the court shall preserve to the13
	396	+	maximum extent possible the character of the testamentary plan adopted14
	397	+	by the testator.15
	398	+	(2) Neither paragraph (a) nor (b) of subsection (1) of this section16
	399	+	SUBSECTION (1)(a) OF THIS SECTION NOR SUBSECTION (1)(b) OF THIS17
	400	+	SECTION applies if:18
	401	+	(b) The testator provided for the omitted after-born or19
	402	+	after-adopted child by transfer outside the will and the intent that the20
	403	+	transfer be in lieu of a testamentary provision is shown by the testator's21
	404	+	statements or is reasonably inferred from the amount of the transfer or22
	405	+	other evidence.23
	406	+	(3) If at the time of execution of the will the testator fails to24
	407	+	provide in his or her THE will for a living child solely because he or she25
	408	+	THE TESTATOR believes the child to be dead, the child is entitled to share26
	409	+	in the estate as if the child were an omitted after-born or after-adopted27
	410	+	092
	411	+	-12- child.1
	412	+	(4) In satisfying THE SATISFACTION OF a share provided by2
	413	+	paragraph (a) of subsection (1) SUBSECTION (1)(a) of this section, devises3
	414	+	made by the will abate under section 15-12-902.4
	415	+	SECTION 10. In Colorado Revised Statutes, 15-11-802, amend5
	416	+	(1) as follows:6
	417	+	15-11-802. Effect of divorce, annulment, and decree of7
	418	+	separation. (1) An individual who is divorced from the decedent or8
	419	+	whose marriage to the decedent has been annulled is not a surviving9
	420	+	spouse unless, by virtue of a subsequent marriage, he or she THE10
	421	+	INDIVIDUAL is married to the decedent at the time of death. A decree of11
	422	+	separation that does not terminate the status of husband and wife12
	423	+	MARRIAGE is not a divorce for purposes of this section.13
	424	+	SECTION 11. In Colorado Revised Statutes, 15-11-803, amend14
	425	+	(1)(e), (2), and (6) as follows:15
	426	+	15-11-803. Effect of homicide on intestate succession, wills,16
	427	+	trusts, joint assets, life insurance, and beneficiary designations.17
	428	+	(1) Definitions. As used in this section, unless the context otherwise18
	429	+	requires:19
	430	+	(e) "Revocable", with respect to a disposition, appointment,20
	431	+	provision, or nomination, means one under which the decedent, at the21
	432	+	time of or immediately before death, was alone empowered, by law or22
	433	+	under the governing instrument, to cancel the designation in favor of the23
	434	+	killer, whether or not the decedent was then empowered to designate24
	435	+	himself or herself THE DECEDENT in place of his or her THE killer and25
	436	+	WHETHER or NOT the decedent then had capacity to exercise the power.26
	437	+	(2) Forfeiture of statutory benefits. An individual who27
	438	+	092
	439	+	-13- feloniously kills the decedent forfeits all benefits with respect to the1
	440	+	decedent's estate, including an intestate share, an elective-share, an2
	441	+	omitted spouse's or child's share, the decedent's homestead exemption3
	442	+	under section 38-41-204, C.R.S., exempt property, and a family4
	443	+	allowance. If the decedent died intestate, the decedent's intestate estate5
	444	+	passes as if the killer disclaimed his or her THE intestate share.6
	445	+	(6) Wrongful acquisition of property. A wrongful acquisition7
	446	+	of property or interest by a killer not covered by this section shall MUST8
	447	+	be treated in accordance with the principle that a killer cannot profit from9
	448	+	his or her wrong THE KILLER'S WRONGDOING.10
	449	+	SECTION 12. In Colorado Revised Statutes, 15-11-804, amend11
	450	+	(1)(b), (1)(d), (1)(f), and (2)(a) as follows:12
	451	+	15-11-804. Revocation of probate and nonprobate transfers by13
	452	+	divorce - no revocation by other changes of circumstances.14
	453	+	(1) Definitions. As used in this section, unless the context otherwise15
	454	+	requires:16
	455	+	(b) "Divorce or annulment" means any divorce or annulment, or17
	456	+	any dissolution or declaration of invalidity of a marriage, that would18
	457	+	exclude the spouse as a surviving spouse within the meaning of section19
	458	+	15-11-802. A decree of separation that does not terminate the status of20
	459	+	husband and wife MARRIAGE is not a divorce for purposes of this section.21
	460	+	(d) "Governing instrument" refers to a governing instrument22
	461	+	executed by the divorced individual before the divorce or annulment of23
	462	+	his or her THE marriage to his or her THE DIVORCED INDIVIDUAL'S former24
	463	+	spouse.25
	464	+	(f) "Revocable", with respect to a disposition, appointment,26
	465	+	provision, or nomination, means one under which the divorced individual,27
	466	+	092
	467	+	-14- at the time of the divorce or annulment, was alone empowered, by law or1
	468	+	under the governing instrument, to cancel the designation in favor of his2
	469	+	or her THE DIVORCED INDIVIDUAL'S former spouse or former spouse's3
	470	+	relative, whether or not the divorced individual was then empowered to4
	471	+	designate himself or herself THE DIVORCED INDIVIDUAL in place of his or5
	472	+	her THE DIVORCED INDIVIDUAL'S former spouse or in place of his or her6
	473	+	THE DIVORCED INDIVIDUAL'S former spouse's relative and whether or not7
	474	+	the divorced individual then had the capacity to exercise the power.8
	475	+	(2) Revocation upon divorce. Except as provided by the express9
	476	+	terms of a governing instrument, a court order, or a contract relating to10
	477	+	the division of the marital estate made between the divorced individuals11
	478	+	before or after the marriage, divorce, or annulment, the divorce or12
	479	+	annulment of a marriage:13
	480	+	(a) Revokes any revocable (i) disposition or appointment of14
	481	+	property made by a divorced individual to his or her THE DIVORCED15
	482	+	INDIVIDUAL'S former spouse in a governing instrument and any16
	483	+	disposition or appointment created by law or in a governing instrument17
	484	+	to a relative of the divorced individual's former spouse, (ii) provision in18
	485	+	a governing instrument conferring a general or nongeneral power of19
	486	+	appointment on the divorced individual's former spouse or on a relative20
	487	+	of the divorced individual's former spouse, and (iii) nomination in a21
	488	+	governing instrument nominating a divorced individual's former spouse22
	489	+	or a relative of the divorced individual's former spouse to serve in any23
	490	+	fiduciary or representative capacity, including a personal representative,24
	491	+	executor, trustee, conservator, agent, or guardian; and25
	492	+	SECTION 13. In Colorado Revised Statutes, 15-12-703, amend26
	493	+	(1), (2), and (4) as follows:27
	494	+	092
	495	+	-15- 15-12-703. General duties - relation and liability to persons1
	496	+	interested in estate - duty to search for a designated beneficiary2
	497	+	agreement - standing to sue. (1) A personal representative is a fiduciary3
	498	+	who shall observe the standards of care applicable to trustees as described4
	499	+	by part 8 of article 5 of this title 15. A personal representative has IS5
	500	+	UNDER a duty to settle and distribute the estate of the decedent in6
	501	+	accordance with the terms of any probated and effective will and this7
	502	+	code, and as expeditiously and efficiently as is consistent with the best8
	503	+	interests of the estate. A THE personal representative shall use the9
	504	+	authority conferred upon him or her by this code, the terms of the will, if10
	505	+	any, and any order in proceedings to which he or she THE PERSONAL11
	506	+	REPRESENTATIVE is party for the best interests of successors to the estate.12
	507	+	(2) A personal representative shall not be surcharged for acts of13
	508	+	administration or distribution if the conduct in question was authorized14
	509	+	at the time. Subject to other obligations of administration, an informally15
	510	+	probated will is authority to administer and distribute the estate according16
	511	+	to its terms. An order of appointment of a personal representative,17
	512	+	whether issued in informal or formal proceedings, is authority to18
	513	+	distribute apparently intestate assets to the heirs of the decedent if, at the19
	514	+	time of distribution, the personal representative is not aware of a pending20
	515	+	testacy proceeding, a proceeding to vacate an order entered in an earlier21
	516	+	testacy proceeding, a formal proceeding questioning his THE PERSONAL22
	517	+	REPRESENTATIVE'S appointment or fitness to continue, or a supervised23
	518	+	administration proceeding. Nothing in this section affects THIS SECTION24
	519	+	DOES NOT AFFECT the duty of the personal representative to administer25
	520	+	and distribute the estate in accordance with the rights of claimants
	521	+	WHOSE26
	522	+	CLAIMS HAVE BEEN ALLOWED , the surviving spouse, any minor and27
	523	+	092
	524	+	-16- dependent children, and any pretermitted OMITTED child of the decedent1
	525	+	AS DESCRIBED ELSEWHERE IN THIS CODE .2
	526	+	(4) Except as to proceedings which do not survive the death of the3
	527	+	decedent, a personal representative of a decedent domiciled in this state4
	528	+	at his death has the same standing to sue and be sued in the courts of this5
	529	+	state and the courts of any other jurisdiction as his THE decedent had6
	530	+	immediately prior to death.7
	531	+	SECTION 14. Act subject to petition - effective date. This act8
	532	+	takes effect at 12:01 a.m. on the day following the expiration of the9
	533	+	ninety-day period after final adjournment of the general assembly; except10
	534	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V11
	535	+	of the state constitution against this act or an item, section, or part of this12
	536	+	act within such period, then the act, item, section, or part will not take13
	537	+	effect unless approved by the people at the general election to be held in14
	538	+	November 2022 and, in such case, will take effect on the date of the15
	539	+	official declaration of the vote thereon by the governor.16
	540	+	092
	541	+	-17-