What happens if you die without a will in Colorado?
If you die without a will in Colorado, state law decides who inherits. As of October 2026, a spouse takes the whole estate when all the children and grandchildren are the couple’s own and the spouse has no others. In blended families, the spouse and descendants share by a formula. Usually, a court appoints someone to settle the estate.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
- Reading time
- 5 minutes
This guide is general information about Colorado and Arizona law as of . It is not legal advice.
What does it mean to die “intestate”?
To die intestate means to die without a valid will. When that happens, Colorado law decides who inherits your property. These rules are often called intestacy rules.
The rules apply only to property that would go through a will. Some property passes on its own, no matter what:
- accounts with a named beneficiary, like life insurance or an IRA,
- payable-on-death bank accounts,
- property in a living trust,
- a home with a recorded beneficiary deed,
- property owned in joint tenancy with right of survivorship.
Who inherits if you are married?
It depends on whose children and grandchildren are whose. Colorado’s rules give the spouse a larger share when the family is simpler (C.R.S. 15-11-102).
| Your family | What your spouse receives | Who receives the rest |
|---|---|---|
| All your children and grandchildren are also your spouse’s, and your spouse has no other children or grandchildren | Everything | No one else |
| No children or grandchildren, and no living parent | Everything | No one else |
| No children or grandchildren, but a parent is living | A first share plus three-quarters of the rest | Your parent or parents |
| All your children and grandchildren are your spouse’s, but your spouse has others too | A first share plus one-half of the rest | Your descendants |
| You have children or grandchildren who are not your spouse’s | A first share plus one-half of the rest | Your descendants |
Here, grandchildren and great-grandchildren count too. The law calls them descendants.
The “first share” is a dollar amount set by statute. It is adjusted for the cost of living (C.R.S. 15-10-112), so it changes over time. If more than one row could fit, the one that gives your spouse the most applies (C.R.S. 15-11-102).
Who inherits if you are not married?
Colorado law passes the estate down a set order (C.R.S. 15-11-103):
- your descendants: your children, and the descendants of any child who died before you,
- if none, your parents,
- if none, your parents’ other descendants, like your brothers and sisters, nieces, and nephews,
- if none, your grandparents and their families.
What about an unmarried partner?
Colorado’s intestacy rules don’t name an unmarried partner. But Colorado has a special tool: a designated beneficiary agreement. If you and your partner record one, your partner can inherit the whole estate when you leave no children, or half when you do (C.R.S. 15-11-102.5).
A will is still the clearest way to provide for a partner.
Who settles the estate when there is no will?
With no will, no one has been named to be in charge. A family member asks the court to appoint a personal representative, and Colorado law sets an order of who may serve. The personal representative must be at least 21 (Colorado Judicial Branch JDF 998).
The estate then goes through probate, unless it is small. A small estate affidavit may work for personal property up to $88,000 for 2026 deaths, but not for real estate (C.R.S. 15-12-1201, as of October 2026). Most probate cases must start within 3 years of the death (C.R.S. 15-12-108).
Our guide to how probate works in Colorado explains the steps.
What happens to minor children?
Two separate questions come up.
Who raises the children? A will is where parents usually name a guardian. Without one, if neither parent can care for the children, a court decides who will.
Who manages their money? A child under 18 can’t manage an inheritance. Without a will or trust that names someone, a court may need to appoint a conservator to manage it until the child is an adult.
A will lets you name a guardian and someone to manage the children’s money. A trust can also hold and manage money for them.
What about property from a community property state?
Some couples move to Colorado from a community property state, like Arizona. Since July 1, 2023, when a Colorado resident dies, property that was community property where it was acquired is split in half. Half belongs to the surviving spouse, and half to the spouse who died (C.R.S. 15-20-106).
Only the half that belonged to the spouse who died passes under the rules above. If the person owned real estate in another state, like Arizona, that state’s rules may also apply. See homes in Colorado and Arizona.
How can you avoid leaving this to state law?
A few documents let you decide instead:
- A will. It names who inherits, who settles the estate, and a guardian for young children. In Colorado, a will must be signed and either witnessed by 2 people or notarized (C.R.S. 15-11-502). See what makes a will valid in Colorado.
- A living trust. Once it is funded, it can pass property without probate. See who needs a living trust in Colorado.
- Beneficiary forms. Up-to-date forms on accounts and insurance pass those assets directly.
- Powers of attorney. These help while you are alive, if you can’t make decisions.
Not sure where to start? Our short will or living trust questionnaire can help you think it through.
If the person who died lived in Arizona, what is different?
Arizona’s rules apply when the person who died lived in Arizona (as of October 2026):
- The spouse often takes more. If all your children and grandchildren are also your spouse’s, your spouse takes everything, even if your spouse has other children (A.R.S. 14-2102).
- Parents don’t share with a spouse. If you have no children or grandchildren, your spouse takes everything, even if a parent is living (A.R.S. 14-2102).
- Blended families and community property. If you have children or grandchildren who are not your spouse’s, your spouse takes half of your separate property and none of your half of the community property. Your descendants take the rest (A.R.S. 14-2102).
- No spouse. The order is descendants, then parents equally, then their descendants, then grandparents (A.R.S. 14-2103).
- Community property. Most property a married couple gets during the marriage belongs to both equally (A.R.S. 25-211).
- A shorter deadline. Most probate cases must start within 2 years of the death (A.R.S. 14-3108).
Questions people ask
Does the state take my property if I die without a will?
Not if you have relatives in the order Colorado law lists. The rules start with a spouse and children, then parents, then brothers and sisters and their families, then grandparents and their families (C.R.S. 15-11-102, -103). Different rules apply only when no relative in that order can be found.
Does my spouse automatically get everything?
Not always. Your spouse takes everything if all your children and grandchildren are also your spouse’s and your spouse has no others, or if you have no children or grandchildren and no living parent. In other cases, your spouse takes a first share plus part of the rest. Your descendants or parents share the remainder (C.R.S. 15-11-102).
Can my unmarried partner inherit if I have no will?
Only in limited cases. Colorado’s rules for people without a will don’t include an unmarried partner. A recorded designated beneficiary agreement can change that (C.R.S. 15-11-102.5). A will is the clearer way to provide for a partner.
When should you call a lawyer?
Consider calling us if:
- a loved one died without a will and owned a home,
- there is a blended family, or a child from an earlier marriage,
- your loved one lived with a partner but wasn’t married,
- there are minor children,
- there is property in both Colorado and Arizona,
- you’d like to make a will and choose for yourself.
Sources
- Colorado Revised Statutes, Title 15 (2024 official edition): C.R.S. 15-10-112; 15-11-102, -102.5, -103, -502; 15-12-108, -1201; 15-20-106
- Colorado Judicial Branch: JDF 998, small estate instructions and JDF 999
- Arizona Revised Statutes: A.R.S. 14-2102, 14-2103, 14-3108, 25-211
Request a complimentary consultation
Tell us how to reach you. We’ll call you within one business day to set up your complimentary consultation.
Three short questions.
To request a consultation, call 720-806-2069 or visit kleinestatelaw.com/contact/
This form needs JavaScript
JavaScript is turned off in your browser, so this form cannot send your request. Please call 720-806-2069 (Mon–Thu 9 a.m.–5 p.m., Fri 9 a.m.–3 p.m.) or email paralegal@drklawfirm.com, and we will help you from there.