What Happens If You Die Without a Will in Colorado?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Colorado intestacy laws determine who inherits when there is no will.C.R.S. § 15-11-102Verified May 30, 2026 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.C.R.S. § 15-11-102Verified May 30, 2026 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.C.R.S. § 15-11-106Verified May 30, 2026 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.C.R.S. § 15-11-102Verified May 30, 2026 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.C.R.S. § 15-11-102Verified May 30, 2026 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.
When you're ready, we're here.
Colorado Estate Planning Resources
In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.
