Who Inherits If There's No Will in Colorado: How "Intestate Succession" Works

When someone dies without a will , Colorado’s intestate succession laws determine who inherits their assets. Families often ask what happens next, who gets what, and how probate works in these cases. Below is a practical overview of intestacy in Colorado—what gets probated, how the process runs, and why working with a local probate lawyer can make everything smoother.

 

What “intestate succession” means in Colorado

If there’s no will , Colorado statutes provide a default inheritance plan called intestate succession . In plain English: the law sets out which relatives inherit, and in what order—typically prioritizing a surviving spouse and children, and then extending to parents, siblings, and other relatives if needed. The exact shares depend on your family situation (for example, whether there’s a surviving spouse, whether there are children from the current or a prior relationship, etc.).

Bottom line: the court follows Colorado’s intestacy rules to identify heirs and their shares. If questions or disputes arise (like unclear paternity or competing claims), the case can take longer and may require additional hearings.

 

When assets do—and don’t—go through probate

Not every asset need to go through probate. As a rule of thumb, the Colorado probate process is required for assets titled solely in the decedent’s name (including when there's real estate owned separately). Assets with a joint owner or named beneficiary typically bypass probate (for example, real estate owned in joint tenancy, life insurance with a designated beneficiary, or Payable-on-Death or Transfer-on-Death accounts (POD/TOD)).

 

Modest estates also have an option that may avoid probate - in Colorado, if the total value of an estate's assets subject to probate is under the statutory threshold (i.e., $86,000 for 2025), and no real property is involved, heirs can settle the estate through an affidavit without court involvement. Importantly, this should not be considered without guidance from an experienced Colorado probate attorney.

 

How probate works if there’s no will (step-by-step)

Even without a will, the probate framework is similar to probate with a will—Colorado law follows intestacy rules to determine the heirs and their shares.

1. Open the probate case & appoint a Personal Representative (PR)
   File in the District (Probate) Court in the county where the decedent lived. The court appoints a PR (sometimes a family member) and issues Letters of Administration authorizing that person to act for the estate.
   
   
2. Notify heirs and creditors
   The PR must provide required notices to heirs and publish a creditor notice , which starts the creditor claim window (typically about 4 months ).
   
   
3. Inventory and appraise assets
   The PR identifies and values estate assets—accounts, real estate, vehicles, and personal property. Complex or hard-to-value assets can extend this step.
   
   
4. Pay valid debts, expenses, and taxes
   From the estate account, the PR pays allowed creditor claims, funeral costs, administrative expenses, and files final tax returns. Disputed claims may need court involvement.
   
   
5. Distribute remaining assets under intestacy
   In the absence of a valid will, the PR distributes property to the legal heirs in the shares set by Colorado’s intestacy laws.

Close the estate
The PR files closing statements and a final accounting and requests to close the estate—ending the PR’s authority after all duties are completed.

 

Timeline: Uncontested, informal estates commonly run ~6–18 months ; formal/contested matters can last 12–24 months or longer , especially if there are disputes about who is legally entitled to inherit from the decedent or asset values.

 

Common questions families ask in cases where someone in Colorado dies without a will

• Who serves as Personal Representative if there’s no will?
  Colorado law provides an order of priority (often starting with a surviving spouse or adult child). If family members disagree, the court may need to decide—sometimes requiring the case to proceed through the formal probate process, involving more court oversight.
  
  
• What if we can’t locate all the assets?
  An essential step in estate administration is the PR's preparation of an inventory. This involves identifying and valuing each asset subject to probate, from bank account to real property, relying on accurate valuations or appraisals to avoid complications or disputes.
  
  

Can we avoid court if it’s a modest estate?
Possibly. If no real estate is involved and   the value of the assets subject to the probate process is under the statutory threshold , the small estate affidavit may allow transfer without opening probate.

 

Practical tips to keep intestate probate on track

• Get organized as best as possible: Obtain the death certificate, information regarding locations of accounts, deeds for real estate, and names and addresses of family members - before filing.
  
  
• Handle required notices promptly: Send out notices to heirs and beneficiaries right away and publish the notice to creditors so the claims period can begin.
  
  
• Stay organized as PR prepares Inventory and Accounting: Save copies of every document, payment on behalf of the estate, asset valuation, and communication with heirs, beneficiaries, and financial institutions —it’ll make closing out the estate a lot smoother.
  
  
• Be Proactive About Potential Issues: If you think there might be family conflict or unclear terms in the will, expect a longer process and get help from an attorney early.

Why a Denver probate lawyer helps—especially with no will

When there's no will, even a "simple" estate can get complicated fast: Questions about heirs, family disputes, or hard-to-value assets can quickly complicate things. Working with a local Denver probate lawyer helps the personal representative stay on track with all filings, notices, and distributions—and avoid costly mistakes. If disagreements do come up, your lawyer can provide guidance and advice so that your family does not get dragged into a costly and time consuming court case.

 

Ready for help?

If someone in your family has died without a will and you have questions about how Colorado probate law addresses those situation, we’re here to help. Our Denver-based firm guides Personal Representatives and families through every step—from opening the case to distributing assets. Contact us today for a consultation, and let us handle the legal process so you can focus on your family.