CO state guide
Colorado estate risk overview
This guide explains how estate outcomes work in Coloradowhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Colorado intestacy sets spouse shares using dollar thresholds that are adjusted for inflation, with the remainder passing to descendants or other heirs in statutory order.
- If no descendants or parents survive, or if all descendants are also the spouse's and the spouse has no other descendants, the spouse receives the entire intestate estate.
- If a parent survives but no descendants, the spouse receives the first $300,000 plus three-fourths of the balance (amounts adjusted for inflation).
- If all descendants are also the spouse's and the spouse has other descendants, the spouse receives the first $225,000 plus one-half of the balance (adjusted).
- If any descendant is not the spouse's, the spouse receives the first $150,000 plus one-half of the balance (adjusted).
- Any remaining estate passes to descendants per capita at each generation, then to parents and other relatives.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Colorado allows collection of personal property by affidavit for smaller estates, with a 10-day waiting period and a value cap tied to the exempt-property amount.
- Affidavit collection can be used at least 10 days after death.
- No personal representative can be pending or appointed.
- Personal property value must be within the statutory cap (twice the exempt-property amount, adjusted for inflation).
- The affidavit can be used to collect bank accounts, tangible personal property, and securities.
- Small-estate affidavits allow successors to collect property directly from holders without court appointment.
Estate and inheritance tax exposure
Colorado does not impose a state estate or inheritance tax.
- No state estate or inheritance tax.
- Federal estate tax may apply based on estate size.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Colorado courts appoint guardians for minors when parents are unable or unwilling to act and the appointment is in the child's best interest.
- Interested persons may petition for guardianship of a minor.
- Court appointment requires best-interest findings and specific parental circumstances (consent, termination, or inability).
- Notice and a hearing are required, with statutory notice to parents and other interested parties.
- Temporary or emergency guardianships are available for immediate need or substantial harm.
- Temporary or emergency guardianships may be available for urgent situations.
- Notice and hearing requirements apply before appointment.
Risk areas
Explore estate risk dimensions in Colorado
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Colorado
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Colorado
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Colorado
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.