CO risk area
Intestacy risk in Colorado
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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).
Questions to consider
Questions this risk area helps you evaluate in Colorado
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://colorado.public.law/statutes/crs_15-11-102
- https://colorado.public.law/statutes/crs_15-11-103
- https://www.nolo.com/legal-encyclopedia/intestate-succession-colorado.html
- https://colorado.public.law/statutes/crs_15-11-104
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Colorado.