If you die without a will in Colorado, or if the state deems your will invalid, your estate goes to the state, thereby rendering it “intestate.” If the state assumes control of your estate, it will distribute your assets and wealth in accordance with intestate succession laws, which Smart Asset explains in detail.
Colorado grants surviving spouses incredibly strong inheritance rights to intestate estates. In fact, if you leave behind a surviving spouse, he or she will likely get the entirety of your estate so long as you and your spouse have children with just each other and if you do not have any surviving parents.
If you and your spouse have children together, and if he or she has children from a previous relationship, your spouse will get the first $225,000 of your estate. He or she will then get half of the estate’s remaining balance. The state will split the other half evenly among the children. If both you and your spouse have children from a previous relationship, your spouse will get the first $150,000 from your estate. The state will then give your spouse half of the estate’s remaining balance and split the rest evenly among your surviving children.
If you have surviving children but no spouse, your children will get the entirety of your estate. If you have a spouse, no children and one or two surviving parents, your spouse will get the first $300,000 of your estate and 75% of the estate’s remaining balance. Your parents will get the leftover.
This article is for informational purposes only. You should not use it as legal advice.