Article Summary
Most people put off writing a will for the same reason they put off other uncomfortable tasks: it feels far away, it seems complicated, and there’s always something more pressing. But according to a 2024 survey by Caring.com, nearly two-thirds of American adults don’t have a will or estate plan — and dying without one doesn’t mean your estate goes into limbo. It means Colorado law takes over and decides what happens to everything you own, everything you’ve built, and everyone you love.
The state’s answer may not be yours.
Here’s exactly what happens if you die without a will in Colorado, and why working with an estate planning attorney now is the most straightforward way to protect your family.
What Happens When Colorado’s Intestate Succession Laws Take Over?
When someone dies without a valid will in Colorado, their estate passes through a legal process called intestate succession. The Colorado Probate Code (C.R.S. § 15-11-101 et seq.) determines who inherits your property based on your family structure — not your relationships, not your intentions, and not who you would have chosen.
The general order of inheritance in Colorado looks like this:
- Spouse only (no children, no parents): Your spouse inherits everything.
- Spouse and children from that spouse: Your spouse inherits everything.
- Spouse and children from a prior relationship: Your spouse inherits the first $225,000 plus half the remainder; your children split the other half.
- No spouse, but children: Your children inherit everything in equal shares.
- No spouse, no children: Your parents, then siblings, then more distant relatives inherit in a defined order.
- No family at all: Your estate escheats to the State of Colorado.
Notice what’s missing from that list: your closest friends, your partner of 15 years you never married, your favorite niece, the nonprofit you cared about, or any other person who was important to you but not a legal relative.
Will Your Unmarried Partner Get Anything?
If you are not legally married, your partner has no inheritance rights under Colorado’s intestate succession laws — regardless of how long you have been together, whether you share a home, or whether you have children together.
This is one of the most significant and most common consequences of dying without a will. An unmarried partner with no will in place has no legal claim to your estate, your home, your bank accounts, or your personal belongings. They would need to fight that outcome in court, with no guarantee of success.
A will — or a living trust — fixes this with a few pages of properly drafted documents.
Will A Judge Decide Who Raises Your Children?
If you have minor children and die without a will, you have not named a guardian for them. The court will appoint one — doing its best to act in the children’s best interests under Colorado’s parenting standards — but the judge will make that decision without the benefit of knowing who you would have chosen, what values you wanted to pass on, or which family member or friend would truly be the right fit.
A will allows you to name a guardian for your minor children. If you’re a single parent, this is the most important document you can have.
When Does Probate Become More Complicated and Expensive?
When someone dies with a valid will, the executor named in that document can typically move through the Colorado probate process relatively efficiently. Without a will, the court appoints an administrator — often a family member, but the court decides who — and the process takes longer, involves more court supervision, and typically costs more in legal and administrative fees.
According to the Colorado Judicial Branch, informal probate is available for estates with a valid will; without one, the process almost always requires more formal court involvement. Those costs come directly out of the estate before your heirs receive anything.
A living trust, discussed below, can help your family avoid probate entirely.
What Estate Planning Documents Do You Actually Need?
A will is the foundation, but a complete estate plan typically includes several coordinated documents:
Last Will and Testament
Directs who inherits your property, names your executor, and designates a guardian for minor children. Without this, Colorado’s intestate laws apply.
Durable Power of Attorney
Names someone to make financial decisions on your behalf if you become incapacitated. Without it, your family may need to go to court to establish a conservatorship under C.R.S. § 15-14-401.
Medical Power of Attorney / Healthcare Proxy
Names someone to make medical decisions if you cannot make them yourself.
Living Will (Advance Directive)
Documents your wishes for end-of-life care, including whether you want life-sustaining treatment continued under specific circumstances. Colorado’s advance directive law is governed by C.R.S. § 15-18-101.
Beneficiary Designations
Life insurance policies, retirement accounts (401(k)s, IRAs), and certain bank accounts pass outside your will entirely — they go directly to the named beneficiary. Outdated beneficiary designations are one of the most common and costly estate planning mistakes. Review these any time your family situation changes.
Living Trust (optional but often worth it)
A revocable living trust transfers your assets outside of probate, offers more privacy than a will (wills become public record), and can provide more detailed control over how and when heirs receive assets.
What Are Common Misconceptions About Wills?
“I don’t have enough assets to need a will.”
A will isn’t just for the wealthy. If you have any assets — a bank account, a car, personal property you care about — a will determines who gets them. More importantly, if you have children, a will determines who raises them.
“My spouse will automatically inherit everything.”
Not always. Colorado’s intestate laws do protect spouses, but the outcome depends heavily on your specific family structure. And if you’re unmarried, your partner has no automatic rights.
“I already told my family what I want.”
Verbal wishes are not legally binding. Whatever you’ve told your family, a court is not required to honor it.
“I’ll do it eventually.”
The uncomfortable truth: people die unexpectedly. An estate planning attorney can have a basic will drafted in a single consultation.
Frequently Asked Questions About Dying Without a Will in Colorado
Q: What does “intestate” mean?
A: Intestate means dying without a valid will. When this happens, Colorado’s intestate succession laws (C.R.S. § 15-11-101) determine who inherits your estate, regardless of your wishes.
Q: Does a will have to go through probate in Colorado?
A: In most cases, yes. However, smaller estates may qualify for a simplified process under Colorado law. A living trust can help your family avoid probate entirely. The Colorado Judicial Branch provides guidance on the types of proceedings available.
Q: Can I write my own will in Colorado?
A: Colorado recognizes handwritten (holographic) wills if entirely in the testator’s handwriting and signed. However, even small errors can invalidate a will or create disputes. Working with an estate planning attorney is strongly recommended.
Q: What happens to my digital accounts and assets without a will?
A: Digital assets — including cryptocurrency, online accounts, and digital photos — are often overlooked. Colorado’s Revised Uniform Fiduciary Access to Digital Assets Act (C.R.S. § 15-1-1001 et seq.) gives you the right to direct what happens to them. An estate plan should address these explicitly.
Q: How often should I update my will?
A: Review your estate plan after any major life event: marriage, divorce, the birth or adoption of a child, a significant change in assets, or the death of a named beneficiary or executor. At minimum, review every three to five years.
The Simplest Thing You Can Do for Your Family
Writing a will is not a morbid exercise. It’s a practical act of care — for your partner, your children, and anyone who depends on you. The process of working with an estate planning attorney is far simpler than most people expect, and far less expensive than the probate complications that come from having no plan at all.
Lewis & Matthews, P.C. helps Denver families create clear, comprehensive estate plans that reflect their actual wishes — not the state’s default rules.
Call (303) 329-3802 or contact us online for a confidential consultation with our estate planning team.
