What Happens if You Die Without a Will in Colorado?
Colorado doesn't leave an estate without a will up in the air. State law fills the gap based on who survives you. Here's the breakdown.
If You are Married with Children
In Colorado, what your spouse inherits alongside your children depends on whether your spouse has children from another relationship too.
- If your children are shared with your surviving spouse, and your spouse has no other children, your spouse inherits your entire estate.
- If your children are shared with your spouse, but your spouse also has children from another relationship, your spouse inherits the first $332,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
- If you have children from a relationship other than your current spouse, your spouse inherits the first $221,000 of your estate, plus 1/2 of the remaining balance. Your children inherit the rest.
If You are Married Without Children
Your spouse inherits your entire estate if you have no living parents. If you have living parents, they share in a portion of the balance alongside your spouse.
If You Don't Have a Spouse, but Have Children
Your children inherit all assets and they divide them equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent is living, your siblings are next in line for inheritance.
If No Living Relatives Can Be Found
Your property reverts to the state of Colorado, though this rarely occurs because the state searches thoroughly for even very distant relatives.
Other Things to Know about Dying Without a Will in Colorado
- Generally, heirs must survive you by 120 hours to inherit.
- Stepchildren and unmarried partners don't inherit under intestate succession unless legally adopted or named on an account.
- A surviving spouse who is disinherited by a will can still claim a statutory elective share, so intestacy isn't the only path to a guaranteed spousal share.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Colorado, your estate typically still needs to go through probate unless the personal property qualifies for Colorado's small estate affidavit, available roughly 10 days after death for personal property valued at $888,000 or less (as of 2026). Real property generally still requires a court proceeding or a recorded deed.
Read our article to learn more about probate in Colorado.
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