CO risk areas
Colorado estate risk areas
These pages explain how default state rules in Colorado shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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).
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Probate risk
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).
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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.
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Guardianship risk
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.
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Complexity triggers
Colorado uses an elective share based on the augmented estate and provides statutory allowances that can change how assets are divided.
- A surviving spouse may elect to take a share calculated from the augmented estate.
- Exempt property and family allowance benefits can be awarded to a spouse or children and are treated separately from other distributions.
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