What Does “Dying Intestate” Mean?
Dying without a will in Colorado means passing away without a will, resulting in a situation called dying intestate. In this case, the Colorado Probate Code, not your personal wishes, determines who receives your property. These laws follow a fixed formula, ensuring assets are distributed but often failing to align with what you might have wanted for your family.
Dying Without a Will in Colorado: How Inheritance Works
Dying without a will in Colorado leads to the state’s intestacy laws, based on the Uniform Probate Code (UPC), dictating how your estate is divided:
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Married with no children: Your spouse inherits everything.
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Married with children (all with your spouse): Your spouse inherits everything.
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Married with children from another relationship: Your spouse inherits a portion (a set dollar amount plus part of the balance), with the rest going to your children from the other relationship.
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Not married but have children: Your children inherit everything, divided equally.
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Not married with no children: Your estate goes to your parents. If your parents have passed, it goes to your siblings or their children. If no close relatives are living, it passes to more distant relatives. If no relatives are found, the estate goes to the State of Colorado.
Why This Can Be a Problem
Dying without a will in Colorado creates a default plan that may not suit your family’s needs, leading to several issues:
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Blended family disputes: Spouses and children from prior relationships may face conflicts over asset division.
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Unintended heirs: Estranged relatives could inherit, while friends, stepchildren, or partners get nothing.
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Court involvement: Probate is required, which can be slow, costly, and stressful for your family.
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No control over guardianship: The court decides who raises your minor children.
How a Will or Trust Can Help
Creating a will or trust avoids the challenges of dying without a will in Colorado and ensures your intentions are followed:
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A Will: Lets you name who inherits your property, choose a guardian for your children, and appoint someone to manage your estate.
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A Trust: Helps your family avoid probate, saving time and money, keeps your estate private (probate is public record), and allows control over how and when heirs receive their inheritance while offering asset protection.
Bottom Line
Dying without a will in Colorado means the state’s intestacy laws control your estate, often leading to outcomes you didn’t intend and added stress for your loved ones. By creating a will or trust, you protect your family, avoid costly delays, and ensure your legacy is handled your way. Estate planning provides peace of mind and safeguards your wishes.
