If you die without a will in Colorado, state law decides who inherits your property. The outcome may differ from what you would have chosen for your family.
When someone dies without a will, they die intestate. Colorado’s intestate succession laws determine who qualifies as an heir and how the estate is divided.
The court follows a strict order of priority under the Probate Code. Under C.R.S. § 15-11-102, a surviving spouse’s share depends on your family structure.
Surviving spouse
Your spouse’s share depends on whether you have children or living parents. Here’s what you should know:
- No surviving parents or descendants: Your spouse inherits the entire estate.
- All children shared with your spouse: Your spouse inherits the entire estate.
- Children from another relationship: Your spouse receives a set dollar amount plus 50% of the remaining balance.
- Surviving parents but no children: Your spouse receives a fixed amount plus a percentage of what remains.
Blended families often face added tension. A spouse may need to share the estate with children from a prior relationship. That division can create conflict and financial strain.
Children
If you do not have a surviving spouse, your children inherit in equal shares. Adopted children inherit the same as biological children. Stepchildren do not inherit unless legally adopted.
If a child dies before you, that child’s descendants may inherit their share.
Parents, siblings and extended relatives
If you die without a surviving spouse or descendants, your estate may pass to your surviving parents. If no parent survives you, your siblings may have inheritance rights. In the absence of siblings, Colorado law permits distribution to more remote relatives in accordance with statutory priority. If no qualifying heirs can be identified, the estate may escheat to the State of Colorado.
What does not pass through intestate succession
Not all assets follow these rules. Some property transfers automatically:
- Life insurance policies: Paid to the named beneficiary.
- Retirement accounts: Distributed to designated beneficiaries.
- Joint tenancy property: Passes to the surviving co-owner.
These assets transfer regardless of whether you had a will.
Speaking with an attorney
If you are managing an intestate estate or want to avoid this process, you may benefit from speaking with an attorney. An attorney can help you understand how these statutes may apply to your specific circumstances.