Can stepchildren or domestic partners inherit without a will in Colorado?

Under Colorado intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (C.R.S. § 15-11-102). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in Colorado?

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-07-15

Frequently Asked Questions

Colorado intestacy laws determine who inherits when there is no will. Colorado follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Colorado depends on family structure. With no children: If no parent survives: entire estate. If parent survives: first $442,000 plus 3/4 of the remaining estate (2026 CPI-adjusted).. With shared children: If all children are shared AND spouse has no other descendants: entire estate. Otherwise: first $332,000 plus 1/2 of remaining estate (2026 CPI-adjusted).. When children from a prior relationship survive: First $221,000 plus half of the remaining estate (2026 CPI-adjusted).

Colorado uses the "per capita at each generation" distribution method. Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. Per capita at each generation

Colorado requires an heir to survive the decedent by 120 hours to inherit. If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Colorado intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Colorado will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Colorado depend on estate size and complexity. Estates valued at $88,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Colorado probate cost calculator for a detailed estimate.

Intestacy Laws in Colorado

Under Colorado intestacy law, a surviving spouse's inheritance depends on who else survives. The spouse receives If no parent survives: entire estate. If parent survives: first $442,000 plus 3/4 of the remaining estate (2026 CPI-adjusted). when there are no descendants. With children from a prior relationship, the share adjusts to First $221,000 plus half of the remaining estate (2026 CPI-adjusted).

Colorado distributes assets to descendants using the Per capita at each generation method. An heir must survive the decedent by 120 hours to inherit — otherwise, their share passes to the next eligible relative.

For smaller estates, Colorado offers a simplified procedure for estates under $88,000, avoiding formal probate entirely. The probate cost calculator provides a detailed fee estimate for estates that exceed this threshold.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids Colorado probate entirely — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Colorado statutes and official state code. How we research.

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