Dying Without a Will in Colorado

Colorado Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Colorado — exactly who inherits under Colorado’s intestate-succession law, and what surprises families most. All shares are from Colorado statute, verified as of June 2026.

Who Inherits When There Is No Will in Colorado

Here is exactly how Colorado divides an estate when there is no will:

If the person leaves… Who inherits in Colorado
Spouse, no children If no descendants and no surviving parent of the decedent, the surviving spouse inherits the entire intestate estate (CRS 15-11-102). If no descendants survive but a parent of the decedent survives, the surviving spouse receives the first 300000 plus 3/4 of the balance of the intestate estate. Note: these base dollar amounts are subject to annual cost-of-living adjustment under CRS 15-10-112 and may be higher in 2026 — check with the Colorado courts or a licensed attorney for the current adjusted figure.
Spouse + shared children If all of the decedent’s surviving descendants are also descendants of the surviving spouse AND the surviving spouse has no other descendants from another relationship, the surviving spouse inherits the entire intestate estate. If all of the decedent’s surviving descendants are also descendants of the surviving spouse BUT the surviving spouse has one or more other descendants who are not descendants of the decedent (i.e., the spouse has children from another relationship), the surviving spouse receives the first 225000 plus 1/2 of the balance. The remaining balance passes to the decedent’s descendants per capita at each generation.
Spouse + children from another relationship If one or more of the decedent’s surviving descendants are NOT descendants of the surviving spouse (i.e., the decedent had children from a prior relationship), the surviving spouse receives the first 150000 plus 1/2 of the balance of the intestate estate. The remaining balance passes per capita at each generation to the decedent’s descendants. Note: all base dollar amounts are subject to annual COLA adjustment under CRS 15-10-112.
Children, no spouse The entire intestate estate passes per capita at each generation to the decedent’s surviving descendants (CRS 15-11-103).
No spouse, no children Under CRS 15-11-103, the estate passes in this order: (1) to the decedent’s surviving parents equally or to the surviving parent; (2) if no parents survive, per capita at each generation to the descendants of the decedent’s parents (siblings, nieces, nephews, etc.); (3) if none, half to paternal grandparents or their descendants and half to maternal grandparents or their descendants per capita at each generation; if only one side has surviving takers, that side takes the entire estate; (4) if no grandparents or their descendants survive on either side, the estate escheats to the state.
No living relatives (escheat) Under CRS 15-11-105, if there is no taker under any provision of Article 11 — meaning no surviving spouse, descendants, parents, siblings, nieces/nephews, grandparents, aunts, uncles, or cousins — the intestate estate passes to the State of Colorado, subject to CRS 15-12-914 (disposition of unclaimed assets). Colorado law disfavors escheat and courts resolve doubt in favor of potential heirs.

These shares come from Colorado intestate-succession law (CRS 15-11-101 through 15-11-114 (Colorado Revised Statutes, Title 15, Article 11, Subpart 1 — Intestate Succession)).

How Colorado divides shares among descendants: Colorado uses per capita at each generation (CRS 15-11-106), not traditional per stirpes. The estate is divided into equal shares at the nearest generation that has one or more surviving descendants, with each living person in that generation taking one share.

Any remaining shares from deceased members of that generation are combined and redistributed equally among the next generation of surviving descendants, repeating the process downward.

Colorado homestead and family allowance: Colorado provides three family protections that take priority over most estate claims: (1) Homestead — CRS 15-11-402 references the homestead exemption in CRS 38-41-201 and 38-41-204 but does not create a separate probate homestead allowance; (2) Exempt property — CRS 15-11-403 entitles the surviving spouse (or if none, dependent children jointly) to 30000 in value of household furniture, automobiles, furnishings, appliances,

and personal effects from the estate, in excess of any security interests; (3) Family allowance — CRS 15-11-404 provides a reasonable allowance in money for maintenance of the surviving spouse and minor/dependent children during the period of estate administration.

Exempt property and family allowance have priority over all claims except costs of administration and reasonable funeral expenses.

Half-blood relatives in Colorado: Under CRS 15-11-107, relatives of the half blood inherit the same share they would inherit if they were of the whole blood. Colorado makes no distinction between half-siblings and full siblings for intestate succession purposes.

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Assets That Pass Outside Colorado Intestate Rules

Assets with a named beneficiary (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, and assets held in a revocable living trust pass outside Colorado’s intestate succession rules and are not part of the probate estate. Only assets that would have passed through probate are governed by CRS 15-11-101 et seq.

Other Colorado intestacy rules: (1) 120-hour survival requirement — under CRS 15-11-104, an heir must survive the decedent by at least 120 hours (5 days) to inherit; if survival by 120 hours is not established by clear and convincing evidence, the heir is deemed to have predeceased the decedent. A child in gestation at the decedent’s death is deemed living if the child lives 120 hours after birth.

(2) Designated beneficiary agreements — Colorado is one of the few states that allows two unmarried adults to enter a designated beneficiary agreement (CRS 15-22-104 et seq.) granting intestate inheritance rights; a designated beneficiary inherits the entire intestate estate if the decedent has no descendants, or 1/2 of the intestate estate if the decedent has descendants.

Neither party may be married, in a civil union, or have another designated beneficiary agreement in effect. (3) Cost-of-living adjustments — the dollar thresholds in CRS 15-11-102 (300000, 225000, 150000) are base amounts effective as of 2010 and are adjusted annually per the consumer price index under CRS 15-10-112; the adjusted amounts for a given year of death may be higher.

(4) Advancements — under CRS 15-11-109, a lifetime gift is treated as an advancement against the heir’s intestate share only if the decedent declared it as such in a contemporaneous writing, or the heir acknowledged it in writing. (5) Colorado is a separate-property (common law) state, not a community-property state, so the intestate estate includes only assets titled in the decedent’s name alone.

What Dying Without a Will in Colorado Really Means

When someone dies without a will in Colorado, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Colorado divides an estate when someone is dying without a will in Colorado, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Colorado helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Colorado depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Colorado, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Colorado Sources & Resources

This Colorado intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Colorado Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.