Colorado Intestate Succession: Who Inherits When There Is No Will

When someone dies in Colorado without a valid will, the estate does not simply pass to whoever steps forward first. Colorado's intestate succession laws — codified in Title 15 of the Colorado Revised Statutes — establish a precise, legally binding hierarchy that determines who inherits the probate estate, in what order, and in what shares.

If you are the family member handling an estate with no will, this article explains exactly how those rules apply in 2026.

What "Intestate" Means

A person dies intestate when they have no will, when their will is invalid (for example, a holographic will that fails to meet the handwriting requirements), or when the will fails to dispose of certain assets. The assets that lack valid disposition instructions — and only those assets — pass through intestacy.

Non-probate assets are not affected by intestacy rules at all. Life insurance with a named beneficiary, bank accounts with POD designations, retirement accounts, jointly owned property with right of survivorship, and assets in a trust all pass outside the will and outside the intestate process.

The Colorado Intestate Succession Hierarchy

Under C.R.S. § 15-11-101 and following sections, Colorado follows a clear priority order:

1. Surviving Spouse

The surviving spouse's share depends on whether the decedent had children (or other descendants) and whether those children are also the children of the surviving spouse:

• All children are shared children of both spouses, and no other descendants: the surviving spouse inherits the entire estate.
• The decedent had children from a prior relationship (not children of the surviving spouse): the surviving spouse receives the first $150,000 (adjusted for inflation) plus one-half of the balance. The decedent's children divide the remaining half.
• The surviving spouse has children from a prior relationship but the decedent does not: the surviving spouse still receives the first $150,000 plus one-half of the balance. The decedent's parents or other heirs divide the remainder.

2. Descendants (Children, Grandchildren)

If there is no surviving spouse, or if the spouse's share does not consume the entire estate, the decedent's descendants inherit by representation. In simple terms: children divide equally; if a child has already died, that child's share passes to their children (the decedent's grandchildren).

3. Parents

If the decedent leaves no surviving spouse and no descendants, the estate passes to the decedent's surviving parents equally, or entirely to one parent if only one survives.

4. Descendants of Parents (Siblings, Nieces, Nephews)

If no parents survive, the estate passes to the decedent's siblings. If a sibling has already died, their share passes to their children.

5. Grandparents and Their Descendants

If the above relatives are all deceased, the estate splits equally between the paternal and maternal sides of the grandparent lineage.

6. State of Colorado

If the search exhausts all recognized relatives and finds none, the estate escheats to the State of Colorado. This is rare but happens in cases of true isolation — no living relatives within a reasonable degree of kinship.

Domestic Partners and Intestate Succession

Colorado recognizes common-law marriage when the parties have mutually agreed to be married and have held themselves out as a married couple. A valid common-law spouse has the same inheritance rights as a formally married spouse. There is no minimum duration requirement for common-law marriage in Colorado.

If you were in a common-law marriage with the decedent and claim intestate inheritance rights, be prepared to demonstrate the marriage through joint tax returns, shared accounts, statements from friends and family, and similar evidence. Banks and the probate court will likely require proof.

Unmarried partners who never entered a formal or common-law marriage have no intestate succession rights regardless of the length of the relationship.

Half-Relatives and Adopted Children

Under Colorado law, half-relatives (half-siblings, half-nieces, half-nephews) inherit the same share as whole relatives. There is no distinction.

Adopted children are treated exactly as biological children for intestate purposes. A legally adopted person inherits from their adoptive family and is generally severed from inheritance rights through the biological family (with some exceptions for stepparent adoptions and similar circumstances).

What the Personal Representative Must Do

In an intestate estate, the probate court appoints an Administrator rather than confirming a Personal Representative named in a will. Colorado's priority order for who may be appointed administrator (absent a will) runs roughly: surviving spouse, adult children, parents, siblings, and creditors in that sequence.

The Administrator's duties are identical to those of a Personal Representative:

• File JDF 920 (Petition for Formal Probate) or JDF 910 (Application for Informal Probate) with the appropriate county court
• Pay the $229 filing fee
• Publish a Notice to Creditors (JDF 943) for three consecutive weeks
• Send Information of Appointment (JDF 940) to all heirs within 30 days
• Complete the estate inventory (JDF 941) within 90 days
• Distribute assets according to the intestate succession rules after debts are paid

The big difference from a testate administration is that there is no will naming beneficiaries. The court and the administrator must determine the legal heirs from scratch, which can be time-consuming when family structure is complex.

Protective Allowances Regardless of Intestacy

Even in an intestate estate, Colorado provides specific financial protections for the surviving spouse and dependent children that rank above nearly all creditor claims:

• $44,000 exempt property allowance: tangible personal property shielded from creditors
• $44,000 family allowance: funds for the surviving spouse's or dependents' maintenance during the administration period
• $73,000 elective share minimum: the guaranteed floor distribution for a surviving spouse

These allowances are not affected by whether a will exists. They are statutory rights that must be actively claimed.

Getting Through an Intestate Estate

Intestate estates take longer than testate estates because the legal heir determination adds steps. The court must be satisfied that all potential heirs have been identified, notified, and properly excluded or included in the distribution.

For a step-by-step guide to administering a Colorado estate — with or without a will — including the full form sequence, current thresholds, and the creditor management strategy that can shorten the claims period from four months to 60 days, see the Colorado Estate Settlement Guide at /us/colorado/estate-settlement/.

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