If you die without a will in Colorado, your assets will be distributed according to the state’s intestate succession laws rather than according to your wishes. A court will appoint someone, often a close relative, to administer your estate, pay debts and taxes, and distribute the remaining property according to statutory rules. Unprepared heirs may face delays, additional costs, and outcomes you might not have intended.
Dying without a valid will is known legally as dying intestate. In that scenario, a Colorado probate court will apply the rules of intestate succession found in Title 15, Article 11 of the Colorado Revised Statutes. The court first appoints a personal representative—called a public trustee or administrator—to gather assets, pay liabilities, and oversee distribution. Creditors have priority: funeral costs, administrative expenses, taxes, and outstanding debts must be satisfied before any inheritance passes to relatives. This process can take months and result in a reduced net amount that heirs receive.
Intestate succession statutes prescribe the order and portions in which relatives inherit when there is no will. Spouses and descendants take precedence, followed by parents, siblings, and more distant relatives. These rules reflect legislative policy rather than individual preference. For instance, an unmarried partner or close friend receives nothing under intestate succession, regardless of the relationship’s significance, a scenario many wish to avoid by having a clear estate plan.
Not all property interests are subject to probate. Assets with named beneficiaries, such as life insurance policies, retirement accounts, or payable-on-death bank accounts, pass directly to those beneficiaries outside of the probate process. Real property, business interests, personal property, and bank accounts without beneficiary designations are subject to intestate distribution. Additionally, jointly held assets may be transferred by right of survivorship, thereby bypassing the intestacy process. Understanding these distinctions helps reduce unnecessary probate and ensures that asset ownership aligns with your wishes.
Under the Colorado Revised Statutes on Intestate Succession, if a spouse and children survive you, the spouse receives the first forty-five thousand dollars plus half of the balance of the probate estate; the remainder is divided equally among the children. If there is no spouse, children inherit in equal shares. If there are no descendants, the entire probate estate goes to the surviving spouse. Absent spouses and descendants, assets pass to parents, then to siblings, and eventually to more distant relatives, such as nieces, nephews, or grandparents. When no statutory heirs exist, the estate escheats to the State of Colorado.
The statutory share for a surviving spouse in Colorado reflects an effort to protect the family’s primary breadwinner. Children share the remainder to provide for each descendant equally. Guardians and custodians must be appointed for minor beneficiaries, adding another layer of court involvement. In the absence of a will, decisions about guardianship for dependents are removed from the parents’ control and placed at the court’s discretion.
Creating a valid will in Colorado ensures that your property passes according to your intentions. You can name an executor of your choice, designate guardians for minor children, and specify gifts to individuals or charities who would otherwise receive nothing under intestacy. A comprehensive estate plan may include trusts, powers of attorney, and healthcare directives to manage your affairs during life and facilitate tax-efficient transfers upon death.
Selecting the proper legal counsel is essential to crafting a plan tailored to your family and financial situation. At Reha Goodwin Caras, our estate planning attorneys guide you through drafting wills, establishing trusts, and implementing comprehensive estate plans. Our practice emphasizes personalized service, transparent fees, and proactive solutions that minimize probate delays and potential family disputes. As trusted estate planning attorneys in Littleton, CO, we remain accessible to answer questions, update documents as circumstances change, and ensure that your wishes stay current and up-to-date.
Dying without a will in Colorado triggers a statutory process that may not reflect your personal wishes and can impose unexpected burdens on your loved ones. To protect your family, preserve your assets, and maintain control over distribution, take action today to create a tailored estate plan.
Contact our law firm today and speak with a compassionate estate planning attorney who will help you put your affairs in order and secure peace of mind for you and your heirs.
