Intestate Succession in Colorado

If you die without a will in Colorado, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Colorado.

Which Assets Pass by Intestate Succession

Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:

• property you've transferred to a living trust
• life insurance proceeds with a named beneficiary
• funds in an IRA, 401(k), or other retirement account with a named beneficiary
• securities held in a transfer-on-death account
• real estate for which you have a transfer on death deed
• vehicles for which you have a transfer on death registration
• payable-on-death bank accounts, or
• property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.

To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Colorado.

Who Gets What in Colorado?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:

The Spouse's Share in Colorado

In Colorado, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:

If you die with parents but no descendants. Your surviving spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance.

Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Because Gerry has significant additional property that would have passed under a will, Joe inherits $300,000 worth of that property plus 3/4 of everything else. The remaining 1/4 of the intestate property goes to Gerry's father.

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits all of your intestate property.

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from previous relationships. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance.

Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns a good deal of other property that would have passed under a will, so Karen inherits $225,000 worth of that property plus half of everything else. The remaining half of Bill's intestate property goes to Bill's and Karen's two children.

If you die with adult descendants who are not the descendants of your surviving spouse. Your spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance.

Note: The dollar amounts listed here are based on the amounts as of 2010 and can be higher or lower, depending on the consumer price index. The state's department of revenue office publishes a list each year with the current amounts that apply to estates for people who died that year. Colo. Rev. Stat. Ann. § 15-10-112.

Children's Shares in Colorado

If you die without a will in Colorado, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether or not your spouse is also their biological parent. (See the table above.)

For children to inherit from you under the laws of intestacy, the state of Colorado must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.

• Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do.
• Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share. However, if a stepchild was in the process of being adopted at the time of your death and the adoption is granted to your surviving spouse, the child will have the same rights as other adopted children. Colo. Rev. Stat. Ann. § 15-11-118.
• Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share. However, if your biological children were adopted by your spouse, that won't affect their intestate inheritance. Colo. Rev. Stat. Ann. § 15-11-119.
• Posthumous children. Children conceived by you but not born before your death will receive a share.
• Children born outside of marriage. Children have an equal right to inherit from both parents, regardless of whether they were married unless they were placed for adoption. Colo. Rev. Stat. Ann. § 15-11-117.
• Children born during your marriage. Any child born to your wife during your marriage is assumed to be your child and will receive a share of your estate.
• Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share.

If you want to read the law, Colorado Revised Statutes § § 15-11-115 to 15-11-122 cover parent-child relationships.

This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.

Will the State Get Your Property?

If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.

Other Colorado Intestate Succession Rules

Here are a few other things to know about Colorado intestacy laws.

• Survivorship period. To inherit under Colorado's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. Colo. Rev. Stat. Ann. § 15-11-104.
• Half-relatives. "Half" relatives inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common. Colo. Rev. Stat. Ann. § 15-11-107.
• Posthumous relatives. Relatives conceived before -- but born after -- you die inherit as if they had been born while you were alive, as long as they survive at least 120 hours after birth. Colo. Rev. Stat. Ann. § 15-11-104.
• Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States. Colo. Rev. Stat. Ann. § 15-11-111.
• Advancements. If you gave a gift to a relative during your lifetime, the value of this property is subtracted from that relative's share only if you stated this in writing or the relative admitted this in writing.

Learn More

Colorado's intestate succession laws are contained in Sections 15-11-101 to 15-11-122 of the Colorado Revised Statutes.

To learn more about intestate succession, read How an Estate Is Settled If There's No Will.

For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.

Need a lawyer? Search for an experienced estate planning attorney with Nolo's Lawyer Directory.