Want to decide who inherits instead of the state? A free role check shows you where you stand.
Start the free role checkWhat “intestate” means
Dying “intestate” means dying without a valid will. Colorado's intestacy statutes (C.R.S. §§15-11-102, 15-11-103) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — and the dollar amounts in a spouse's share are adjusted for the cost of living. Assets that pass outside probate (a funded Trust, beneficiary designations, jointly held property) follow their own rules, not intestacy.
Who inherits under Colorado law
- Spouse, no descendants — the surviving spouse inherits everything if no parent of the decedent survives; if a parent survives, the spouse takes the first $300,000 and three-fourths of the rest (C.R.S. §15-11-102).
- Spouse and shared descendants only — if every descendant of the decedent is also the surviving spouse's and the spouse has no other descendants, the spouse inherits everything; if the spouse has descendants of their own, the spouse takes the first $225,000 and one-half of the rest (C.R.S. §15-11-102).
- Blended family — if any descendant of the decedent is not also the surviving spouse's, the spouse takes the first $150,000 and one-half of the rest, and the decedent's descendants share the balance (C.R.S. §15-11-102).
- No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (C.R.S. §15-11-103).
The spouse's share and minor children
In Colorado, when there is no will, a surviving spouse takes the whole estate if no descendant or parent of the decedent survives, or if every descendant of the decedent is also the spouse's and the spouse has no other (C.R.S. §15-11-102); otherwise the spouse takes a stated amount and part of the rest. And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.
Does the state take everything?
Almost never. Property only “escheats” to the State of Colorado as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.
Take back the decision
Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Colorado attorney can help you put a plan in place.
General information about Colorado law, not legal advice.
Frequently asked questions
- Who inherits in Colorado if there is no will?
- The surviving spouse takes the whole estate when no descendant or parent survives, or when every descendant is also the spouse's and the spouse has no other; otherwise the spouse takes a stated amount and part of the rest (C.R.S. §15-11-102). What does not pass to the spouse goes to descendants, then parents, then their descendants, in the order §15-11-103 sets.
- How are shares divided among descendants in Colorado?
- Per capita at each generation: at the nearest generation with a survivor, each survivor takes a share, and the deceased members' shares are combined and divided equally among the next generation (C.R.S. §15-11-106).
- Does intestacy affect property in a trust?
- No. Property titled to a trust passes under the trust's terms, not by intestacy; only property left in the decedent's own name passes under §§15-11-102 and 15-11-103.
General information about Colorado law, not legal advice.