Dying Without a Will in Colorado: What Happens Next?

November 4, 2026 Posted In Colorado Will Attorney

What would become of your assets, your savings, and your kids if you dying without a will in Colorado? Most people don’t ask until it is too late. If someone dies in Colorado without a will, the state determines who receives the assets, not the person. This is called “intestacy” in Colorado. The court follows a formula, and it doesn’t necessarily reflect your wishes. It may leave unmarried partners, stepchildren, and good friends with nothing. All of this can be avoided with a simple plan. Colorado Estate Matters will assist families throughout Lakewood and the Denver metro area in safeguarding what is most important.

What is an “intestate” death?

If you dying without a will in Colorado, the law designates you as “intestate. If you do not have a will, then Colorado laws of intestate succession determine who gets your estate. These rules are contained in Title 15 of the Colorado Revised Statutes. A probate court uses them in your estate. What you say and your private promises do not have a legal effect. Not all types of assets are eligible for this rule. Intestacy only affects property you own alone. The process is avoided for assets that have a named beneficiary or a survivorship right. Many families take it for granted that they are comprehensive. They can be less than you think, particularly if your house is in one name.

Under Colorado Law, who will receive the assets you leave behind?

In Colorado, there is a specific order of heirs. Your surviving spouse will be the first, followed by your children, then your parents and siblings. If no close family member remains, more distant family members follow. To inherit, you must be outlived by 120 hours for each heir.

These are the typical family situations:

• If you have no children or living parent, your spouse will inherit the entire estate.
• Shared children and spouses: If all your children are your spouse’s, your spouse gets everything.
• Blended family: Your husband or wife is paid a fixed amount and half of the remainder. The rest is shared by your kids.
• If you have no spouse, the assets will be divided equally among your children. In the absence of children, it is your parents, then your siblings.

Colorado’s dollar amounts are adjusted for inflation and will vary over time. The numbers your family has can be confirmed by an experienced estate planning attorney. Adopted children share all of the characteristics of biological children.

What Will Happen to Your Young Children?

This is the most concerning question for parents. You can’t appoint a guardian for your children without a will. A judge selects a person not because of the children’s best interests. It’s possible it could be someone other than you. There can also be family differences, causing court proceedings. There is a second problem with money. It is impossible for children to manage an inheritance alone. The court may set up a conservatorship to oversee their share. That increases the costs, paperwork, and court oversight.

Unmarried Partners, Stepchildren and Friends

The rules of Colorado favor legal spouses and blood and adopted relatives. If you don’t have a Will, then you don’t receive any inheritance from your unmarried partner. Unless you are a legal adoptee, stepchildren have the same issue. No one else gets anything either, close friends or favourite charities. Common-law marriage is accepted in Colorado. If the relationship survives the legal test, then the surviving partner can qualify. But, as it takes to prove it needs to take strong evidence and court battle. Having a will eliminates that uncertainty. We also work on common-law marriage issues.

What if no relatives could be found?

If you have no heirs, your estate may go to the government! This is a rare result. When you look long and hard, distant cousins emerge. That’s what we do differently. Our founder, Justin Blow, is a former private investigator and is able to help find missing heirs and hidden assets. We carry the same meticulous attention to all estates.

When a person dies without a will, how does probate work?

A probate case must be opened by someone. Then the court appoints a personal representative to run the estate. If someone dies without a will, no executor is designated. Family members can be in the running. Colorado does not have a default ” intestacy” law, which means that if you pass away without a will, no one is in charge of managing your estate. When there is a difference of opinion among the family, it can take longer. Contention over the allocation of something frequently escalates into court battles. We handle probate, estate administration, trusts, and will contests. We take you through every step and make sure you don’t make expensive mistakes.

How can you protect your family today?

Making a will is not as time-consuming as many think. You make decisions about what will happen to your kids, who will raise them, and who will run your estate. Check the document following a marriage, divorce, birth, or significant purchase. Are you in need of a Colorado Will Attorney, Lawyers for wills, or trust planning? We have three of our people covering all of them. Each plan is unique to your family and financial objectives. We also ensure that old documents are reviewed, which may not fit your life anymore.

The Bottom Line

If you dying without a will in Colorado, your family’s future is up to a legal formula. That formula is used for your spouse, children, partner, and guardian selections. The risk is eliminated after a brief meeting and execution of a signed will. Don’t risk your legacy and hire a man who is unqualified. This article is for general information only and does not contain legal advice.

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Frequently Asked Questions

If I die without a will in Colorado, who will inherit my home?

It depends on your family. It is typically passed on to the surviving spouse. If not, your kids, parents, or siblings will inherit according to the law.

If an unmarried couple is not married in Colorado, do they inherit?

No, unless they are legal spouses or relatives. The best way to ensure your partner is protected is to make a will or trust.

If I die without a will, who will take care of my children?

A guardian is appointed by a judge for the welfare of the children. Designating a guardian in your last will allows you to retain that choice.

If I don’t have a Will, does the state take my money?

Only if no relatives can be found. That is rare. Under Colorado law, your property will typically be left to relatives.

Will I avoid probate in Colorado by using a living trust?

Yes. If you have a well-funded revocable living trust, your assets pass directly to your beneficiaries without court involvement. It also maintains privacy regarding your affairs.