When someone passes away without a will in Colorado, the legal term for this is “dying intestate.” In these cases, state law—not your personal preferences—determines who gets your property, who handles your estate, and who may take care of your children. If you live in the Denver area and don’t yet have a will, it’s important to understand what could happen if you die without one. As a Denver estate planning lawyer,, I often hear from families who are caught off guard by the complexities of Colorado’s intestacy laws.

This guide explains what happens when you die without a will in Colorado, how property is distributed, and why having an estate plan matters, especially for individuals and families in the Denver metro area.

Colorado’s Intestate Succession Laws

Colorado’s intestacy laws are laid out in the Colorado Probate Code. These laws govern how your assets are divided if you die without a valid will. The rules are rigid, meaning your property will go to relatives in a specific order, regardless of your wishes or personal relationships.

Here’s how it typically breaks down:

If You’re Married (but Have No Children)

Your spouse inherits everything if you have no surviving parents or children. However, if your parents are still living, your spouse will share the estate with them.

Example: If you’re married and your parents are alive, your spouse may receive the first $300,000 plus 75% of the balance, and your parents get the rest.

If You’re Married With Children

What your spouse receives depends on whether all your children are from that spouse.

All children are from the current spouse: Your spouse inherits everything.

You have children from a previous relationship: Your current spouse receives the first $225,000 plus half of the remaining balance. The rest goes to your children from the prior relationship.

These formulas can be complex, which is why many people turn to a Denver estate planning lawyer to ensure their spouse and children are protected.

If You’re Not Married (and Have Children)

Your children inherit your entire estate in equal shares. If any child has passed away before you, their children (your grandchildren) take their share.

If You’re Not Married and Have No Children

The estate will be distributed in the following order:

Parents

Siblings

Nieces and nephews

Grandparents

Aunts and uncles

Cousins

If no heirs can be found, your estate eventually escheats to the State of Colorado—which means the government keeps it.

What Happens to Minor Children?

If you die without a will and have minor children, a court must appoint a guardian. This decision is based on what the court deems to be in the child’s best interest, but it may not reflect your preferences.

Without a written will, you lose the opportunity to name someone you trust to raise your children. This is one of the most urgent reasons to consult a Denver estate planning lawyer—especially if you’re a parent.

Who Administers the Estate?

When there’s no will naming a personal representative (executor), the probate court will appoint someone—typically a surviving spouse, adult child, or close relative.

The person selected will be responsible for:

Gathering and inventorying assets

Notifying creditors

Paying off debts and taxes

Distributing the remaining estate to heirs

This process can be time-consuming, especially in Denver County where probate courts are often backed up. Having a named executor in a will can streamline administration and reduce stress on your family.

Common Problems When There’s No Will

Dying without a will can cause several avoidable problems:

1. Family Disputes

Intestacy laws do not account for family dynamics, estranged relatives, or personal intentions. This can lead to emotional conflicts and legal challenges.

1. Unintended Heirs

Your assets may go to someone you wouldn’t have chosen—such as a distant relative you barely knew—while loved ones like stepchildren, unmarried partners, or close friends are left out entirely.

1. Delays in Probate

Without clear instructions, probate can drag on for months or even years. Creditors may make claims, and heirs may disagree over who gets what.

1. Higher Legal Costs

Dying intestate can result in higher court fees and legal expenses. It can also create confusion over who should act on behalf of the estate.

Special Considerations for Denver Residents

Estate planning in Denver presents some unique challenges:

Rising property values can make your estate worth more than you expect, especially if you own a home in areas like Capitol Hill, Washington Park, or Highlands.

Blended families are common, and intestacy laws rarely reflect modern family structures.

Young professionals and retirees moving to Denver often overlook estate planning, believing it’s only necessary later in life.

Working with a Denver estate planning lawyer can help you address these local considerations and tailor your plan to your life, assets, and goals.

How a Denver Estate Planning Lawyer Can Help

Having a legally valid will is one of the simplest, most effective ways to protect your family and your legacy. But a comprehensive estate plan often includes much more than a will. Depending on your situation, you may also need:

A revocable living trust to avoid probate

Powers of attorney for medical and financial decisions

A living will (advance healthcare directive)

Beneficiary designations that align with your goals

Strategies to minimize estate taxes or avoid disputes

An experienced Denver estate planning lawyer can guide you through each step. Whether you need a basic will or a complex trust arrangement, the right legal counsel ensures your wishes are honored and your loved ones are protected.

Final Thoughts

If you die without a will in Colorado, the state decides who gets your property, who manages your estate, and who cares for your children. These default rules often don’t reflect what most people would choose—and they can leave your family with legal and emotional burdens that last long after you're gone.

Planning ahead doesn’t need to be overwhelming. With help from a Denver estate planning lawyer, you can gain peace of mind knowing your wishes are documented, your loved ones are protected, and your legacy is secure.