Planning for the future is essential to ensuring that your assets are distributed according to your wishes. However, when someone passes away without a will in Colorado, the state determines how their estate is handled through intestate succession laws. At The McKenzie Law Firm, LLC, we assist Colorado residents in navigating estate planning to avoid unnecessary complications for their loved ones.

What Happens When You Die Without a Will in Colorado?

Dying without a will, known as dying intestate, means that your assets will be distributed based on Colorado’s intestacy laws. The probate court will appoint a personal representative to manage the estate and distribute assets according to legal guidelines. This process can be time-consuming, costly, and may not reflect what the deceased would have wanted.

How Are Assets Distributed Under Colorado’s Intestacy Laws?

The distribution of an estate under intestacy laws follows a specific hierarchy:

• Surviving Spouse – If the deceased leaves a spouse but no children or parents, the spouse inherits everything.
• Spouse and Children – If the children are from the deceased and the surviving spouse, the spouse typically receives the entire estate. However, if the deceased had children from a previous relationship, the estate is divided among the spouse and children.
• No Spouse, But Children – The entire estate is divided equally among the children.
• No Spouse or Children – The deceased’s parents inherit the estate. If they are deceased, the estate goes to siblings, then to extended family members such as nieces, nephews, or cousins.
• No Identifiable Relatives – If no legal heirs exist, the estate may ultimately be claimed by the State of Colorado.

Challenges and Complications of Dying Without a Will

Without a will, your estate may be subject to lengthy court proceedings, disputes among family members, and unintended financial burdens. Some key issues include:

• Delays in the Probate Process – Intestate estates often take longer to settle due to court supervision and potential disputes among heirs.
• Unintended Beneficiaries – Assets may go to relatives you did not intend to inherit, while close friends or charities you wanted to support receive nothing.
• Guardianship Decisions for Minor Children – If you have minor children and no will, the court decides who will be their guardian, which may not align with your wishes.
• Higher Costs and Taxes – Without an estate plan, legal fees, court costs, and potential tax implications can reduce the value of your estate.

How The McKenzie Law Firm, LLC Can Help



Creating a will ensures that your wishes are honored and your loved ones are protected from unnecessary legal stress. At The McKenzie Law Firm, LLC, we provide comprehensive estate planning services to help Colorado residents draft legally sound wills, establish trusts, and make informed decisions about their assets.

If you need assistance with estate planning in Colorado, contact us today to secure your legacy and protect your family’s future.