Find Local Law

Colorado Intestate Succession: Dying Without a Will

If you die without a will, Colorado's Uniform Probate Code rules decide who inherits (C.R.S. § 15-11-102). A surviving spouse takes the entire estate in some situations; in others the spouse takes a base amount plus a share, with the rest passing to descendants, then parents, then more remote kin (§ 15-11-103).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Colorado attorney about how these rules apply to your situation.

If you die without a will — “intestate” — Colorado law, not you, decides who inherits. Colorado follows the Uniform Probate Code, which sets a fixed order of heirs (C.R.S. § 15-11-102).

The surviving spouse’s share

A surviving spouse takes the entire estate if:

  • No descendant or parent of the decedent survives, or
  • All of the decedent’s surviving descendants are also descendants of the spouse, and the spouse has no other descendants.

In other situations — for example, when there are children from a prior relationship — the spouse takes a base amount plus a share of the rest, and the remainder passes to the decedent’s descendants (C.R.S. § 15-11-103).

Confirm current: the specific base-dollar figures are cost-of-living adjusted and change over time. This guide describes them as “a base amount plus a share” — check the current statutory amounts before relying on a number.

When there’s no spouse

If there’s no surviving spouse, the estate passes in order to:

  1. The decedent’s descendants,
  2. then parents,
  3. then more remote relatives,

following the priority set out in C.R.S. § 15-11-103.

Why a will matters

Intestate rules rarely match what most people actually want. A will — or a living trust — lets you choose your beneficiaries instead of leaving it to the statute, and the estate may still pass through probate. To get matched with a local Colorado estate-planning attorney, connect with a lawyer.

Connect with a local attorney

Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.

Start your free intake

Frequently asked questions

What happens if I die without a will in Colorado?
Colorado's intestate succession rules under the Uniform Probate Code decide who inherits your probate estate (C.R.S. § 15-11-102). The law sets a fixed order of heirs rather than letting you choose.
Does my spouse inherit everything in Colorado?
Sometimes. A surviving spouse takes the entire estate if no descendant or parent of the decedent survives, or if all the decedent's surviving descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes a base amount plus a share (C.R.S. § 15-11-103).
Who inherits if there's no surviving spouse?
The estate passes to the decedent's descendants, then to parents, then to more remote relatives, following the order set by Colorado's Uniform Probate Code rules (C.R.S. § 15-11-103).

Sources

Related guides

  • Avoiding Probate in Colorado Many Colorado assets pass outside probate: beneficiary designations, payable-on-death/transfer-on-death accounts, joint tenancy with right of survivorship, and a funded revocable trust. Colorado also allows a beneficiary deed (a transfer-on-death deed) that conveys real property to a named beneficiary at the owner's death and is revocable during life (C.R.S. § 15-15-401).
  • Colorado Advance Directives: Medical POA & Living Wills A medical durable power of attorney lets an agent make health-care decisions if you can't (C.R.S. § 15-14-506). A living will — formally a Declaration as to Medical Treatment — lets an adult direct that life-sustaining procedures be withheld or withdrawn in a terminal condition or persistent vegetative state (C.R.S. § 15-18-104). Colorado also recognizes CPR directives and MOST forms.
  • Colorado Living Trusts: How Revocable Trusts Work Trusts in Colorado are governed by the Colorado Uniform Trust Code (Title 15, Article 5; C.R.S. § 15-5-101). A funded revocable living trust lets your assets pass outside probate while you keep control during life — but only assets actually retitled into the trust avoid probate.
  • Colorado Power of Attorney: Durable by Default Under the Colorado Uniform Power of Attorney Act, a financial power of attorney created on or after January 1, 2010 is durable by default — it survives the principal's incapacity unless the document expressly says it terminates on incapacity (C.R.S. § 15-14-704).
  • Colorado Wills: Requirements & How They Work Colorado follows the Uniform Probate Code. A valid will must be in writing and signed by the testator, and then either signed by at least two witnesses or acknowledged before a notary (C.R.S. § 15-11-502(1)). Colorado also recognizes holographic wills — a will is valid without witnesses if the signature and material portions are in the testator's own handwriting (§ 15-11-502(2)).

← Back to Estate Planning & Administration