What Happens If You Die Without a Will in Colorado?
Without a will in Colorado, a surviving spouse takes the entire estateC.R.S. § 15-11-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationC.R.S. §§ 15-11-103(3), 15-11-106Verified Sep 10, 2026View source.
Colorado intestacy law decides. Colorado follows separate property rulesC.R.S. § 15-11-102Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Designated beneficiary under a recorded agreement; Parents and deceased parents' descendants; Descendants of parents; Grandparents; Descendants of grandparents; The State of ColoradoC.R.S. § 15-11-102Verified Sep 10, 2026View source.
The surviving spouse's share in Colorado depends on the family. 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)C.R.S. § 15-11-102Verified Sep 10, 2026View source. 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)C.R.S. § 15-11-102Verified Sep 10, 2026View source. When a child from a prior relationship survives: First $221,000 plus half of the remaining estate (2026 CPI-adjusted)C.R.S. § 15-11-102Verified Sep 10, 2026View source.
Colorado divides per capita at each generationC.R.S. §§ 15-11-103(3), 15-11-106Verified Sep 10, 2026View source: surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
Colorado requires an heir to survive the decedent by 120 hoursC.R.S. § 15-11-104(1)(a)Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Colorado intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Colorado, however, designated beneficiaries under a recorded designated beneficiary agreementC.R.S. §§ 15-11-102.5, 15-22-104, 15-22-105(3)(i), 15-22-107Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Colorado will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Divorce
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Learn moreForms for Planning and Settling an Estate in Colorado
Free Colorado forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Colorado, the petition asks the District Court of the county where the decedent lived to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableC.R.S. § 15-12-301Verified Sep 8, 2026View source.
Notice to Creditors
In Colorado, the notice to creditors is published for 3C.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsC.R.S. § 15-12-801(1) (4 months from first publication); § 15-12-803(1)(a)(III) (one-year-from-death outer bar)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Colorado, a person named as personal representative may renounce the right to serveC.R.S. § 15-12-203(3)Verified Sep 22, 2026View source before anyone is appointed.
Affidavit of Heirship
In Colorado, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areC.R.S. §§ 38-35-113, 38-35-109; 15-12-1302 to 15-12-1306; 42-6-114Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Colorado, the Collection of Personal Property by AffidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source covers estates with personal property of $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or less, 10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Colorado, the personal representative files the estate inventory within 90 daysC.R.S. § 15-12-706Verified Sep 15, 2026View source of appointment.
Estate Closing
In Colorado, the personal representative is discharged automatically once the statutory period runsC.R.S. § 15-12-1003(2), § 15-12-1005Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Planning and Settling an Estate in Colorado
Free calculators and checklists for planning or settling an estate in Colorado: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Colorado costs an estimated $26,082C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Colorado allows you to name your own agent in advanceC.R.S. §§ 15-19-104, 15-19-107Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Colorado levies no estate or inheritance taxNo Colorado estate or inheritance tax is payable. The Colorado Estate Tax Law (C.R.S. § 39-23.5-103) imposes a tax equal to the federal credit for state death taxes under IRC § 2011 (C.R.S. § 39-23.5-102(6)); that federal credit was eliminated, so the tax computes to $0 and no Colorado estate tax filing is required for deaths after December 31, 2004 — and independently, C.R.S. § 39-23.5-107(3) provides that "[n]o Colorado return need be filed if the gross estate or generation-skipping transfer does not require the filing of a federal return." The statute remains on the books rather than repealed — a "pick-up" tax that would revive if Congress restored the federal credit. Colorado replaced its 1927 inheritance tax with the estate tax in 1980 and has no inheritance tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Colorado imposes no inheritance or estate taxNo Colorado estate or inheritance tax is payable. The Colorado Estate Tax Law (C.R.S. § 39-23.5-103) imposes a tax equal to the federal credit for state death taxes under IRC § 2011 (C.R.S. § 39-23.5-102(6)); that federal credit was eliminated, so the tax computes to $0 and no Colorado estate tax filing is required for deaths after December 31, 2004 — and independently, C.R.S. § 39-23.5-107(3) provides that "[n]o Colorado return need be filed if the gross estate or generation-skipping transfer does not require the filing of a federal return." The statute remains on the books rather than repealed — a "pick-up" tax that would revive if Congress restored the federal credit. Colorado replaced its 1927 inheritance tax with the estate tax in 1980 and has no inheritance tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Colorado take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesC.R.S. § 39-22-518 — "Tax modification for net capital gains" (as narrowed by HB21-1311 § 8, eff. TY2022)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Colorado costs an estimated $26,082C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Colorado pays executors reasonable compensationC.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Colorado Estate Planning Resources
In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.