If an applicable statute or a governing instrument calls for a present or future distribution to, or creates a present or future interest in, a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family", or language of similar import, the property passes to those persons in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the donative disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the interest is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
Source: L. 94: Entire part R&RE, p. 1022, § 3, effective July 1, 1995.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
Part 7 - Rules of Construction Applicable to Wills and Other Governing Instruments
§ 15-11-702. Requirement of Survival by One Hundred Twenty Hours
§ 15-11-703. Choice of Law as to Meaning and Effect of Governing Instrument
§ 15-11-705. Class Gifts Construed to Accord With Intestate Succession
§ 15-11-706. Nonprobate Transfers - Deceased Beneficiary
§ 15-11-707. Survivorship With Respect to Future Interests Under Terms of Trust; Substitute Takers
§ 15-11-709. By Representation; per Capita at Each Generation; per Stirpes
§ 15-11-710. Worthier-Title Doctrine Abolished
§ 15-11-711. Interests in "Heirs" and Like
§ 15-11-712. Simultaneous Death; Disposition of Property
§ 15-11-713. Construction of Wills and Trusts Containing Formula Marital Clauses