What Happens If You Die Without a Will in Colorado?

Nobody likes to think about dying. But here’s a question worth asking: what happens if you die without a will in Colorado? The short answer is that the state decides who gets your stuff. Not your family. Not your wishes. The state.

At Meurer and Potter, P.C., we’ve seen firsthand how this plays out for families across Denver and Colorado Springs. Sometimes it works out fine. But often, Colorado’s default rules don’t match what people actually wanted for their loved ones. And by then, it’s too late to change anything.

If you die without a valid will, Colorado law has a detailed set of rules called “intestate succession” that determines who inherits your assets. These rules follow a specific order of priority, starting with your spouse and children, then moving to parents, siblings, and more distant relatives. The problem? These rules are rigid. They don’t account for your unique family situation, your relationships, or your personal wishes. Let’s break down exactly what happens and why it matters.

Understanding Intestate Succession in Colorado

When someone dies without a will in Colorado, they’re said to have died “intestate.” This triggers a set of default inheritance rules found in Colorado’s intestate succession statutes (Title 15, Article 11 of the Colorado Revised Statutes).

Here’s the thing most people don’t realize: intestate succession only applies to probate assets. These are assets that were owned solely in your name at the time of death, without any beneficiary designation or survivorship rights.

Probate assets typically include:

• Real estate held in your name alone
• Bank accounts without a payable-on-death beneficiary
• Vehicles titled only in your name
• Personal property like furniture, jewelry, and collectibles
• Investment accounts without transfer-on-death designations

One important rule to know: under Colorado law, an heir must survive you by at least 120 hours (five days) to inherit through intestate succession. This prevents complicated situations where property passes to someone who dies shortly after you do.

The intestate succession rules create a strict hierarchy of who inherits. The state essentially makes a will for you, and it’s a one-size-fits-all approach that may not fit your situation at all.

How Colorado Distributes Assets Without a Will

Colorado’s intestate succession laws follow a specific formula based on your family relationships at the time of death. The rules prioritize your surviving spouse and descendants, then move outward to parents, siblings, and more distant relatives.

When a Surviving Spouse Inherits

Under Colorado Revised Statutes § 15-11-102, your surviving spouse’s share depends on whether you have descendants and whether those descendants are also your spouse’s descendants. It gets complicated in blended families.

Here’s how it breaks down:

• If you have a spouse but no descendants or parents: Your spouse inherits everything.
• If you have a spouse and all your descendants are also your spouse’s descendants (and your spouse has no other descendants): Your spouse inherits everything.
• If you have a spouse, joint descendants, but your spouse also has other children from another relationship: Your spouse receives $225,000 plus one-half of the remaining estate. Your descendants split the rest.
• If you have a spouse and descendants from a previous relationship (not your spouse’s children): Your spouse receives $150,000 plus one-half of the remaining estate. Your descendants from the other relationship inherit the rest.
• If you have a spouse and surviving parents but no descendants: Your spouse receives $300,000 plus three-quarters of the remaining estate. Your parents inherit the remaining one-quarter.

These dollar amounts are set by statute and can make a real difference in who gets what, especially in second marriages or blended family situations.

When Children and Other Relatives Inherit

If there’s no surviving spouse, your estate passes to relatives in this order:

1. Your descendants (children, grandchildren, etc.): They take everything, divided equally per generation. If one of your children has already passed away, that child’s share goes to their children (your grandchildren).
2. Your parents: If you have no descendants, your parents inherit everything equally. If only one parent survives, that parent takes all.
3. Siblings and their descendants: If you have no descendants and no surviving parents, your brothers and sisters inherit. If a sibling has died, their children (your nieces and nephews) take that share.
4. Grandparents and their descendants: If none of the above relatives survive, inheritance moves to grandparents and their descendants (aunts, uncles, cousins).
5. More distant relatives: The law continues tracing your family tree looking for living relatives.

If absolutely no relatives can be found? Your estate “escheats” to the State of Colorado. That’s a fancy way of saying the government gets your stuff.

What Happens to Property That Passes Outside Probate

Not everything you own is controlled by intestate succession. Some assets pass directly to named beneficiaries or co-owners, completely bypassing the probate process and intestacy rules.

These non-probate assets include:

• Joint tenancy property: Real estate or accounts held with rights of survivorship automatically pass to the surviving owner.
• Payable-on-death (POD) bank accounts: The named beneficiary receives these funds directly.
• Transfer-on-death (TOD) accounts and deeds: Securities and real estate with TOD designations pass to the named beneficiary.
• Life insurance policies: Proceeds go to the designated beneficiary.
• Retirement accounts (401(k)s, IRAs): These pass to the named beneficiary.
• Trust assets: Property held in a trust passes according to the trust terms, not intestacy rules.

Here’s a catch that trips people up: if your named beneficiary has already died and you didn’t update your designation, that asset may fall back into your probate estate. At that point, intestate succession rules take over.

This is why we always tell clients at Meurer and Potter, P.C. to review beneficiary designations regularly, especially after major life events like marriage, divorce, births, or deaths in the family. Your beneficiary forms are just as important as your will.

The Colorado Probate Process for Intestate Estates

When someone dies without a will in Colorado, their estate still goes through probate. The process is similar to probate with a will, but with some key differences.

Here’s how it typically works:

Step 1: Filing with the Court

An interested person (usually a family member) files a petition with the Colorado probate court to open the estate. Colorado courts use specific forms for intestate proceedings, including JDF 907 instructions.

Step 2: Appointment of a Personal Representative

Without a will naming an executor, the court appoints a “personal representative” (sometimes called an administrator) to manage the estate. Colorado law gives priority to certain people:

• Surviving spouse
• Other heirs
• Creditors (in some cases)

The court doesn’t know your family dynamics. They follow the statutory priority list, which may not put the most capable or appropriate person in charge.

Step 3: Gathering Assets and Paying Debts

The personal representative must:

• Identify and collect all estate assets
• Notify creditors and pay valid debts
• File any required tax returns
• Maintain and protect estate property during administration

Step 4: Distribution to Heirs

After debts and expenses are paid, the remaining assets are distributed according to intestate succession rules. Not according to what you would have wanted. According to what the statute says.

The entire process can take anywhere from several months to over a year, depending on the estate’s complexity and whether any disputes arise.

Potential Complications of Dying Without a Will

Dying without a will in Colorado doesn’t just mean the state chooses your heirs. It can create real problems for the people you leave behind.

Someone you wouldn’t have chosen may manage your estate. Without a will naming an executor, the court appoints someone based on statutory priority. That person might be capable and trustworthy. Or they might not be. You don’t get a say.

Blended families face the biggest challenges. Colorado’s intestate rules were designed with traditional family structures in mind. If you’re in a second marriage with children from a previous relationship, the default distribution may not match what you’d want. Your current spouse might receive less than you intended. Your children from a prior marriage might inherit more or less than you’d choose.

Family disputes become more likely. When there’s no will expressing your wishes, relatives sometimes disagree about what you would have wanted. These disputes can lead to expensive litigation, damaged relationships, and years of court battles.

Minor children need court-appointed guardians. If both parents die without a will naming guardians, the court decides who raises your children. Judges do their best, but they’re making decisions without knowing your preferences or your children’s relationships with potential guardians.

Estate administration takes longer and costs more. Without clear direction from a will, the personal representative often needs more court involvement, which means more time and more expense.

Your estate could go to the state. It’s rare, but if no relatives can be found, Colorado takes everything. Even if you had close friends, a longtime partner you weren’t married to, or a favorite charity, they get nothing without a will.

How to Protect Your Estate and Loved Ones

The good news? All of these complications are avoidable with some basic estate planning.

Create a valid Colorado will. A will lets you name who inherits your assets, choose your executor, and designate guardians for minor children. It doesn’t have to be complicated, but it needs to meet Colorado’s legal requirements.

Consider a revocable living trust. Trusts offer additional benefits beyond a will. Assets in a trust can avoid probate entirely, which means faster distribution to your beneficiaries and more privacy. At Meurer and Potter, P.C., we help clients determine whether a trust makes sense for their situation. For some families, a simple will is enough. For others, a trust provides significant advantages.

Review beneficiary designations regularly. Your retirement accounts, life insurance policies, and POD accounts pass according to the beneficiary forms on file, not your will. Check these designations after any major life change.

Use joint titling and TOD deeds strategically. For some assets, adding survivorship rights or transfer-on-death designations can simplify administration. But these tools need to fit into your overall plan.

Plan for minor children. Name guardians in your will. Consider setting up a trust so that an inheritance is managed responsibly until your children are old enough to handle it themselves.

Review your plan when life changes. Marriage, divorce, births, deaths, significant financial changes. Any of these should prompt a review of your estate plan. What made sense five years ago might not work today.

Conclusion

If you die without a will in Colorado, you’re leaving major decisions to state law. Your spouse might not inherit what you’d expect. Your children’s shares might not match your wishes. Someone you wouldn’t have chosen could end up managing your estate. And your family might spend years and thousands of dollars sorting it all out.

It doesn’t have to be that way.

As experienced Colorado estate planning attorneys, Attorney Michael T. Meurer, Attorney Gary Potter, and Attorney Matthew P. Zanotelli at Meurer and Potter, P.C. have helped countless families across Denver and Colorado Springs create estate plans that actually reflect their wishes. We take the time to understand your family, your goals, and your concerns. Then we build a plan that protects the people you care about.

Whether you need a straightforward will, a revocable living trust, or help with more complex estate planning strategies like minimizing estate taxes or avoiding probate, we’re here to help.

Ready to take control of your legacy? Contact Meurer and Potter, P.C. today to schedule a consultation. Your family will thank you.

Frequently Asked Questions

What happens if you die without a will in Colorado?

If you die without a will in Colorado, your estate passes through intestate succession. The state determines who inherits your assets based on a strict legal hierarchy, starting with your spouse and children, then parents, siblings, and more distant relatives. Your personal wishes are not considered.

Who inherits if there is no will in Colorado?

Colorado’s intestate succession laws prioritize your surviving spouse and descendants first. If no spouse or children exist, inheritance passes to parents, then siblings, grandparents, and extended relatives. If no living relatives are found, your estate escheats to the State of Colorado.

How does a surviving spouse inherit under Colorado intestate law?

A surviving spouse’s inheritance depends on family structure. If you have no descendants or parents, your spouse inherits everything. In blended families, your spouse receives a fixed dollar amount ($150,000–$300,000) plus a portion of the remaining estate, with descendants or parents inheriting the rest.

How long does probate take in Colorado without a will?

Probate for an intestate estate in Colorado typically takes several months to over a year, depending on the estate’s complexity and any disputes. Without a will providing clear direction, additional court involvement is often required, which can extend the timeline and increase costs.

Can I avoid probate in Colorado with estate planning?

Yes, you can avoid probate in Colorado by using tools like revocable living trusts, joint tenancy property, payable-on-death bank accounts, and transfer-on-death designations. These assets pass directly to beneficiaries without going through probate court, saving time and maintaining privacy.

What is intestate succession and how does it work?

Intestate succession is the legal process that determines who inherits your probate assets when you die without a valid will. It follows a statutory hierarchy based on family relationships, applying only to assets owned solely in your name without beneficiary designations or survivorship rights.