If you die without a will in Colorado, the state steps in and makes decisions that you could have made yourself. Colorado's intestacy laws — the rules that govern who inherits your property when there is no will — follow a fixed legal formula that may have little to do with what you actually would have wanted.
For families in Colorado Springs, Monument, Falcon, Fountain, and surrounding communities, this is one of the most common and most avoidable estate planning problems we see. Understanding what the law does — and does not — do on your behalf can be the push that finally gets a plan in place.
Colorado's Intestacy Laws: The Basics
When someone dies without a will in Colorado, their estate goes through a legal process called intestate succession. The Colorado Probate Code determines who inherits based on family relationships — not your wishes, not your circumstances, and not the people who were most important to you in life.
Here is how Colorado distributes assets in the most common situations:
If you are married with children from that marriage: Your spouse typically inherits everything, as long as neither of you has children from a previous relationship.
If you are married but have children from a prior relationship: Your spouse may inherit only a portion of your estate. The rest passes to your children. This catches many blended families off guard.
If you are unmarried: Your assets pass to your children. If you have no children, they go to your parents. If your parents are gone, they pass to siblings — and down the line from there.
If you have a long-term partner but are not married: They inherit nothing under Colorado intestacy law, regardless of how long you have been together or how intertwined your finances are.
What About Your Children?
For parents, dying without a will creates two significant problems — not just one.
The first is financial. Without a will, you have no say in how your assets are held or distributed for your children. Depending on the situation, a child could receive a direct inheritance at age 18, which may not align with what you would have wanted.
The second is guardianship. A will is where you formally nominate a guardian for your minor children — the person who would raise them if something happened to you. Without that nomination, a Colorado court makes the decision. The court will act in the child's best interest, but it has no way to know your preferences, your relationships, or your family dynamics.
Parents in Colorado Springs, Monument, and Falcon who come to our office often say this is the detail that finally motivated them to act. They were not thinking about assets — they were thinking about their kids.
Probate Without a Will Takes Longer
Even in straightforward situations, dying without a will typically makes the Colorado probate process slower and more complicated. The court must appoint an administrator, notify potential heirs, and follow statutory distribution rules rather than clear written instructions.
Colorado does allow informal probate for many uncontested estates, which can reduce some of that friction. But even informal probate moves more smoothly when there is a will to work from. Without one, disputes among family members become more likely — and more expensive to resolve.
What Happens to Jointly Owned Property and Bank Accounts?
This is one of the most common sources of confusion for Colorado families — and it matters more than most people realize.
Some assets pass outside of your will entirely, through what are called non-probate transfers. These include:
Jointly owned property with right of survivorship. If you own a home or bank account jointly with another person and that account is titled with right of survivorship, it passes directly to the surviving co-owner — regardless of what your will says. For married couples, this often works as intended. For unmarried partners, it can create problems if the account titling was never updated to reflect the relationship.
Accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation. Bank accounts and brokerage accounts with named beneficiaries pass directly to that person, skipping probate entirely. If the designated beneficiary is deceased or the designation was never updated after a divorce or remarriage, the result may not be what you wanted.
Retirement accounts and life insurance. These always pass by beneficiary designation — not through your will. An outdated designation on a 401(k) or IRA can send tens of thousands of dollars to the wrong person even if your will says otherwise.
The practical takeaway for families in Colorado Springs, Fountain, and Widefield: dying without a will does not just affect the assets that go through probate. It often exposes gaps in a much broader picture. A complete estate plan reviews all of it — including how your accounts and property are titled, not just what your will says.
Common Misconceptions
"I don't have enough assets to need a will." A will is not just about wealth. It is about control — over who inherits your belongings, who manages your estate, and who raises your children. Most people have more to protect than they realize.
"My family knows what I want." Verbal wishes are not enforceable under Colorado law. Good intentions do not substitute for a written, legally valid will.
"I have beneficiary designations, so I'm covered." Beneficiary designations on retirement accounts and life insurance policies do pass outside of a will — but they do not cover everything. Your home, personal property, bank accounts without TOD designations, and other assets still need a plan.
Frequently Asked Questions
What is intestate succession in Colorado? Intestate succession is the legal process Colorado uses to distribute a deceased person's assets when they die without a valid will. The state's Probate Code determines who inherits based on family relationships — spouse, children, parents, siblings — in a fixed priority order that may not reflect the deceased person's actual wishes.
Does Colorado require probate if there is no will? In most cases, yes. When someone dies without a will in Colorado, their estate typically must go through probate before assets can be distributed. Colorado does allow informal probate for uncontested estates, which simplifies the process, but a will generally makes administration faster and clearer.
Can an unmarried partner inherit in Colorado without a will? No. Colorado's intestacy laws do not recognize unmarried partners, regardless of the length or nature of the relationship. Without a will or other estate planning documents — such as a trust or beneficiary designation — an unmarried partner inherits nothing under Colorado law.
Who gets custody of my children if I die without a will in Colorado? A Colorado court will appoint a guardian based on the child's best interest. Without a will that nominates a guardian, the court has no written record of your preference. Courts do consider input from family members, but the final decision rests with the judge — not with you.
How do I make a will in Colorado Springs? Working with an estate planning attorney is the most reliable way to create a valid will in Colorado. An attorney ensures the document meets Colorado's legal requirements, addresses your specific situation, and holds up if it is ever challenged. Many families in Colorado Springs, Monument, Falcon, and surrounding communities come to our office for exactly this reason.
Get Help From a Colorado Springs Wills Lawyer
Dying without a will does not have to be your family's reality. A straightforward will — drafted correctly and kept current — gives you control over decisions that matter deeply.
At the Law Office of Bridget Rachel Grace in Colorado Springs, we help individuals and families throughout the area create wills, name guardians, and put complete estate plans in place. Whether you are starting from scratch or updating older documents, we make the process clear and manageable.
We serve Colorado Springs and nearby communities including Monument, Falcon, Manitou Springs, Fountain, and Widefield.
Call now at 719-300-6369 for a free consultation, or contact us online. We will follow up within one business day.