When a person dies without a will in Colorado, state law decides who inherits. The rules sit in Title 15 of the Colorado Revised Statutes and follow a strict order: surviving spouse first, then children and other descendants, then parents, then siblings, then more distant relatives. The dollar thresholds that shape a spouse’s share are adjusted for inflation each year, and the 2026 figures are meaningfully higher than the numbers still floating around on older websites.
What the Surviving Spouse Inherits
A spouse’s share depends entirely on which other family members survive. In two situations, the spouse takes the whole estate: when the deceased leaves no descendants and no living parent, and when every descendant is shared with the surviving spouse and that spouse has no children from a prior relationship.
Where the family picture is more mixed, the spouse gets a guaranteed lump sum off the top plus a fraction of the rest. Under CRS 15-10-112 these lump sums adjust annually. For deaths in 2026:
- If the deceased has one or more descendants who are not the surviving spouse’s children, the spouse takes the first $442,000 plus half of the remainder. The rest goes to the deceased’s descendants.
- If all descendants are shared but the surviving spouse also has children from another relationship, the spouse takes the first $332,000 plus half of the remainder.
- If no descendants survive but a parent of the deceased is alive, the spouse takes the first $221,000 plus three-fourths of the remainder. The parent inherits what’s left.
These amounts change each year based on the consumer price index.1Colorado Department of Revenue. Cost of Living Adjustment Probate Index 2026 Older resources still quote $150,000 and $225,000, which were the base figures from 2010. Using those numbers today will produce the wrong answer by a wide margin. When more than one scenario could theoretically apply, the statute directs that whichever result gives the spouse the largest share controls.2Colorado.Public Law. Colorado Revised Statutes 15-11-102 – Share of Spouse
What Children and Other Descendants Inherit
If no spouse survives, the estate splits equally among the deceased’s children. When a child died before the parent but left descendants, that child’s share drops down to those descendants. A person who dies with three children, one of whom predeceased her leaving two kids of his own, would have her estate divided into thirds, with the deceased child’s third split between his two children.
Children from every relationship are treated equally. A child born outside of marriage inherits the same share as a child born within one, provided the legal parent-child relationship is established.
Parents, Siblings, and More Distant Relatives
With no spouse and no descendants, the estate passes to the deceased’s parents equally, or entirely to a sole surviving parent. If both parents are gone, siblings inherit, and a sibling who died first passes her share down to her own children using the same generational rule that applies to the deceased’s descendants.
When no parents or siblings survive either, the statute keeps working outward through grandparents, aunts and uncles, and cousins. Colorado will trace a surprisingly distant family tree before it stops looking.
When No Relatives Can Be Found
If no relative qualifies, the estate escheats to the State of Colorado. This is uncommon but real. For someone with no close family, that possibility alone is a reason to sign a will or use beneficiary designations.
The 120-Hour Survival Rule
To inherit under Colorado’s intestacy statute, an heir has to outlive the deceased by at least 120 hours — five days. Anyone who dies inside that window is treated as having died first.3Justia. Colorado Revised Statutes 15-11-702 – Requirement of Survival by One Hundred Twenty Hours Survival must be proven by clear and convincing evidence, not estimated. The rule matters most when family members die close together in accidents or disasters, and it stops property from routing through a briefly surviving heir into an estate the deceased had no connection to.
Common-Law Spouses
Colorado is one of the few states that still recognizes common-law marriage, and a common-law spouse has the same inheritance rights as a ceremonially married one. The difficulty is proof. After a death, the surviving partner has to show that both people agreed to be married, lived together, and held themselves out publicly as married. Without documentation like joint tax returns, shared accounts, or witnesses who knew them as a couple, the surviving partner can end up treated as a legal stranger, especially if the deceased’s blood relatives dispute the relationship.
Family Allowance and Exempt Property Come First
Before intestate shares are calculated, Colorado sets aside two amounts for the surviving spouse and minor children: the exempt property allowance and the family allowance. Both are inflation-adjusted like the spousal thresholds. For deaths on or after January 1, 2012, each has been in the neighborhood of $40,000, with the current figure depending on the year of death.1Colorado Department of Revenue. Cost of Living Adjustment Probate Index 2026 These allowances come off the top, ahead of most creditors and before any heir receives their intestate share. If there is no surviving spouse, minor children and dependents of the deceased can claim them instead. The amounts aren’t large, but they cover immediate living expenses while probate grinds forward.
Assets That Never Touch Intestacy
Not everything the deceased owned passes under these rules. Several categories transfer directly to a named beneficiary or a co-owner regardless of whether a will exists:
- Life insurance proceeds go to the named beneficiary.
- Retirement accounts pass to the designated beneficiary. For employer-sponsored plans like 401(k)s, federal law requires that the beneficiary be the participant’s spouse unless the spouse has signed a written consent otherwise.4Internal Revenue Service. Fixing Common Plan Mistakes – Failure to Obtain Spousal Consent
- Bank accounts with payable-on-death designations go directly to the named person.
- Investment accounts with transfer-on-death designations work the same way.
- Jointly owned property with rights of survivorship passes automatically to the surviving co-owner.
- Real estate covered by a recorded beneficiary deed transfers to the named beneficiary at death without going through probate.5Justia. Colorado Revised Statutes 15-15-401 – Definitions
If one of these assets has no valid beneficiary designation, or if the named beneficiary has already died, the asset usually drops back into the probate estate and gets distributed under the intestacy rules described above.
Who Raises Minor Children
Dying without a will leaves no written direction about who should raise the deceased’s children. The probate court appoints a guardian based on the child’s best interests, weighing the child’s existing relationships, the stability each candidate can offer, and the preferences of a child old enough to express them. Close relatives generally receive preference, but nothing is automatic. When multiple family members petition, the court holds hearings to decide. When no suitable relative comes forward, the child can end up in foster care during the search. Naming a guardian in a will is the most effective way to keep that decision out of a courtroom.
Who Administers the Estate
Without a will naming an executor, the court appoints a personal representative to manage the estate. Colorado sets a priority list for that appointment: the surviving spouse first, then adult children, then other close relatives.6Justia. Colorado Revised Statutes 15-12-203 – Priority Among Persons Seeking Appointment as Personal Representative If no family member is willing or suitable, the court can appoint a professional fiduciary or public administrator.
The representative inventories assets, notifies creditors and heirs, pays debts and taxes, and distributes what remains under the intestacy rules. Probate cases are filed in the district court of the county where the deceased lived.7Denver Bar Association. Probate in Colorado Informal probate handles uncontested estates with minimal court involvement; formal probate is used when heirs disagree or complications arise.
Small Estate Affidavit
Not every intestate estate needs a full probate case. Colorado allows a small estate affidavit when the total property value (after subtracting liens and debts) falls below a threshold that adjusts each year. For deaths in 2024, the threshold was $82,000.8Colorado Judicial Branch. Collection of Personal Property by Affidavit An heir prepares a sworn affidavit and presents it directly to whoever holds the asset, such as a bank. No court filing is needed. The affidavit isn’t available if a formal probate case has already been opened.
Debts Get Paid Before Heirs
Heirs don’t receive their intestate shares until the estate’s debts are addressed. The personal representative must notify known creditors directly and publish a notice for unknown ones. Colorado ranks claims by priority, starting with administrative expenses and funeral costs, followed by taxes and last-illness medical bills, with ordinary unsecured debts like credit cards last.9Justia. Colorado Revised Statutes 15-12-804 – Classification of Claims If the estate can’t cover everything, lower-priority debts go unpaid, and heirs receive nothing from an insolvent estate. A representative who distributes to heirs before resolving creditor claims can be personally liable for the shortfall.