What Happens If Someone Dies Without A Will In Colorado?

When a person dies without a valid will, they are said to have died "intestate." In Colorado, intestate succession laws determine how the deceased person's estate will be distributed. Understanding these laws is important for families navigating the loss of a loved one who did not leave behind estate planning documents.

Colorado's Intestate Succession Laws

Colorado follows a specific order of inheritance when distributing an intestate estate. The distribution depends on the deceased person's surviving family members and their relationships.

Order of Inheritance in Colorado

1. Surviving Spouse: If there are no surviving descendants or parents, the spouse inherits the entire estate. If there are descendants who are also descendants of the surviving spouse, the spouse typically inherits everything.
2. Children and Descendants: If there is no surviving spouse, the estate passes to the deceased's children in equal shares. If a child has predeceased, their share goes to their descendants.
3. Parents: If there is no surviving spouse or descendants, the estate passes to the deceased's parents.
4. Siblings: If there are no surviving parents, the estate passes to siblings and their descendants.
5. Extended Family: If no closer relatives survive, the estate may pass to grandparents, aunts, uncles, and their descendants.

Special Considerations for Blended Families

When the deceased has children from a previous relationship, the distribution can become more complex. In these situations, the surviving spouse may receive the first $225,000 of the estate plus half of the remaining balance, with the other half going to the deceased's children from the prior relationship.

The Probate Process for Intestate Estates

Even without a will, the estate must typically go through probate. The court will appoint a personal representative (sometimes called an administrator) to manage the estate. This person is responsible for:

• Identifying and inventorying estate assets
• Paying valid debts and taxes
• Distributing remaining assets according to intestate succession laws
• Filing required court documents and accountings

Assets Not Subject to Intestate Succession

Not all assets pass through intestate succession. The following typically transfer directly to named beneficiaries or joint owners:

• Life insurance policies with designated beneficiaries
• Retirement accounts (401(k), IRA) with named beneficiaries
• Property held in joint tenancy with right of survivorship
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) securities

How We Can Help

If a loved one has passed away without a will, our experienced attorneys can guide you through the probate process. We can help determine who is entitled to inherit, assist with the appointment of a personal representative, and ensure the estate is administered properly under Colorado law.