What Happens if You Die Without A Will in Colorado?

andrew • October 31, 2022

An individual who dies without a will is deemed to have died “intestate.” In such a situation, the state’s intestacy law apply to the distribution of estate assets. In Colorado, those statutes are found in Title 15, Article 11 of the Colorado Revised Statutes . The allocation of estate assets under the intestacy rules depends on the structure of the decedent’s family and who the surviving relatives are. Generally speaking, the family member with first priority as a beneficiary is a surviving spouse. If an individual has a surviving spouse and no kids separate from the surviving spouse, the surviving spouse will inherit everything. This is true even if the couple has adult children. If an individual has children, but no surviving spouse, then the children would inherit everything. If any of those children are under 21, a conservator would need to be appointed to manage the funds being distributed to them.

Beyond this, things can become complicated. For blended families with children from prior relationships, spouses are only able to inherit a portion of the estate, with the children from the previous marriage granted a smaller portion of the estate. The following table outlines some of these more complicated family situations and the allocations that would occur under the intestacy laws found in Title 15, Article 11 of the Colorado Revised Statutes:

Surviving relatives are … Resulting distribution

-Spouse, but no children -Everything to the surviving spouse

-Children, but no spouse -Everything to the children

-Spouse and children between you and your spouse, and -Everything to your surviving spouse

your spouse has no other children

-Spouse and children between you and your spouse, -Surviving spouse receives the first $279,000, plus 50% of the

but your spouse has children from another relationship remaining estate. Your children get the remaining 50%, by representation.

-Spouse and you have children from a prior relationship or marriage -Surviving spouse receives the first $186,000, plus 50% of the remaining estate. Your children get the remaining 50%, by representation.

- Spouse and parents, but you do not have any children -Surviving spouse receives the first $300,000, plus 75% of the remaining estate. Your parents get the remaining 25%, by representation.

-Parent(s). No spouse or children. -100% of the estate to your parent(s), by representation.

-Sibling(s). No spouse, parents, or children. -100% of the estate to your siblings, by representation.

* Values up to date through 2022 based on the Colorado Department of Revenue Cost of Living Adjustment Schedule (https://www.courts.state.co.us/userfiles/file/Self_Help/Probate/COLA.pdf).
As you can see, these distributions can become quite complicated. It is important to note that “children” (as used above) can sometimes include grandchildren if your children have predeceased their children. Some other important information to note:
- Legally divorced spouses do not have a right to inherit from your estate through the intestacy rules; - Children born outside of marriage have an equal right to inherit from both parents; - Legally adopted children are treated like biological children are; - Biological children who were formally adopted by another family would not receive a share from their biological parents;

If you want to have control of how your property is distributed beyond the provisions discussed above, it is essential to have a will and/or other estate plans in place. This is the only way to decisively prevent unwanted relatives, or the state, from potentially collecting an inheritance from your estate after you pass.

What next?

If you think it might be time to think through your estate plan, you can:

Give us a call at 720-821-7604 to schedule a "Discovery Session" at which we can determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
Visit our estate planning page to learn more about how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
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