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Most people assume their assets will automatically pass to the right people when they die. But in Colorado, if you die without a will—also called “dying intestate”—state law decides who gets what. This process often leads to confusion, family disputes, and results that may not reflect your wishes. That’s why working with a Colorado Springs estate planning lawyer is so important.

This guide explains what happens when someone dies without a will in Colorado and how the intestate succession process works.

What Is Intestate Succession?

When someone dies without a valid will in Colorado, their estate goes through intestate succession. This is a legal process where the court distributes the deceased person's property based on a predetermined formula set out in the Colorado Probate Code.

Intestate succession applies to property that would have passed through a will—this usually includes real estate, bank accounts, vehicles, and personal belongings that are solely in the deceased person’s name. It does not apply to:

• Property with named beneficiaries (like life insurance or retirement accounts)
  
  
• Jointly owned property (like a house owned with a spouse)
  
  
• Assets held in a trust
  

Who Gets What in Colorado If You Die Without a Will?

Colorado’s intestacy laws are designed to pass assets to close family members. But the way it’s split depends heavily on your family situation.

1. Married with No Children or Parents

If you’re married and have no surviving parents or children, your spouse gets everything.

2. Married with Children (All Shared with Your Spouse)

If all children are from your current marriage, your spouse inherits your entire estate.

3. Married with Children from a Previous Relationship

If you have children from a previous relationship, your spouse gets the first $150,000 of your estate plus half of the balance, and your children share the rest.

4. Married with Surviving Parent(s) But No Children

Your spouse gets the first $300,000 of your estate and 75% of the remainder. The rest goes to your surviving parent(s).

5. Single with Children

Your children inherit everything, divided equally among them. If any child has passed away, their share goes to their children (your grandchildren).

6. Single with No Children

The estate passes to your parents, and if they are deceased, it goes to your siblings, then to nieces/nephews, and so on down the line of relatives.

7. No Living Relatives

If the court cannot find any living relatives, the estate becomes property of the State of Colorado through a process called escheat.

Problems That Can Arise Without a Will

Dying without a will can create real problems for your family. Some of the most common issues include:

Family Disputes

Without clear instructions, families may disagree about who should inherit certain items or how to handle funeral arrangements.

Delays in Probate

Probate without a will takes longer. The court has to appoint a personal representative (executor), verify heirs, and handle disputes—all of which can delay the process by months or even years.

Unintended Inheritance

If you intended to leave assets to a non-relative—such as a partner, close friend, or charity—they will receive nothing without a will.

Custody of Minor Children

If you're a parent and die without a will, the court will decide who becomes guardian of your minor children. This could be someone you wouldn’t have chosen.

How the Probate Process Works Without a Will

In Colorado, probate is the court-supervised process of settling a person’s estate after death. If there’s no will, the court follows these steps:

1. Appointment of Personal Representative
   A family member or other interested party petitions the court to be named personal representative. The court then approves or appoints someone based on priority rules.
   
   
2. Notice to Heirs and Creditors
   All potential heirs and known creditors must be notified of the death and probate proceeding.
   
   
3. Inventory of Assets
   The personal representative identifies and values the deceased’s assets.
   
   
4. Paying Debts and Taxes
   The estate pays any outstanding bills, debts, or taxes owed by the deceased.
   
   
5. Distribution According to State Law
   Once debts are paid, remaining assets are distributed according to Colorado’s intestate succession rules.
   

How to Avoid Intestacy in Colorado

To avoid the complications and uncertainty of dying without a will, consider these steps:

Create a Will

A will allows you to:

• Choose who inherits your property
  
  
• Name a guardian for your minor children
  
  
• Appoint a trusted executor
  
  
• Express final wishes clearly
  

Set Up a Trust

For larger estates or more privacy, a revocable living trust can help bypass probate entirely.

Use Beneficiary Designations

Be sure to name beneficiaries on accounts like:

• Life insurance policies
  
  
• Retirement accounts (401(k), IRA)
  
  
• Payable-on-death (POD) or transfer-on-death (TOD) accounts
  

Joint Ownership

Property held jointly with right of survivorship passes directly to the other owner, avoiding probate.

Work with a Colorado Springs Estate Planning Lawyer

An experienced Colorado Springs estate planning lawyer can help ensure your wishes are honored and that your family avoids unnecessary legal hurdles after your death.

Why You Should Work with a Colorado Springs Estate Planning Lawyer

Estate planning isn’t just for the wealthy. It’s for anyone who wants to make life easier for the people they care about. A Colorado Springs estate planning lawyer can help you:

• Draft a valid will or trust
  
  
• Avoid probate delays
  
  
• Minimize estate taxes
  
  
• Update your plan after life changes (marriage, divorce, births)
  
  
• Plan for incapacity through powers of attorney and living wills
  

Local estate laws can be complex, and a do-it-yourself approach often leads to costly mistakes. A lawyer ensures your documents comply with Colorado law and reflect your real intentions.

Final Thoughts

Dying without a will in Colorado leaves your legacy up to the state. While intestate succession may work in simple cases, it often creates stress and confusion for families. The best way to protect your assets, your children, and your peace of mind is to create an estate plan.

If you're ready to get started, talk to a trusted Colorado Springs estate planning lawyer. They’ll help you make informed choices today, so your loved ones are protected tomorrow.