What Happens If Someone Dies Without a Will in Colorado in 2025?

When someone passes away without a valid will in place, they are said to have died “intestate.” In these cases, the distribution of their estate is not guided by personal wishes, but instead by Colorado’s intestate succession laws. These laws determine who inherits the deceased person's property, and the outcome can often surprise family members—especially in blended families, unmarried partnerships, or estranged relationships.

In 2025, Colorado continues to follow its updated Uniform Probate Code statutes to handle intestate estates. If you're dealing with the death of a loved one who didn’t leave behind a will, understanding how probate works in this situation is essential. It impacts not only who gets what, but also who has the legal authority to make decisions about the estate.

Who Inherits Under Colorado’s Intestate Succession Laws?

When there’s no will, Colorado law uses a specific order of priority to decide who receives the deceased person’s assets. Here’s how it generally works:

• If the deceased was married with no children or parents living: The surviving spouse inherits everything.
• If there are children from that marriage only: The surviving spouse still inherits everything.
• If the deceased had children from a previous relationship: The surviving spouse gets a portion, and the rest goes to the children from the prior relationship.
• If there is no spouse but children exist: The children inherit everything, divided equally among them.
• If there are no spouse or children: The estate goes to surviving parents. If no parents, then to siblings, and so on down the line.

Things can become especially complex when there are stepchildren, adopted children, or multiple marriages involved. The law does not recognize unmarried partners or close friends as heirs, even if they were the person’s primary companion or caregiver. This often leads to disputes and the need for probate litigation, especially when family members disagree over who should inherit or manage the estate.

What Is the Role of the Probate Court?

Even without a will, most estates must still go through the probate process in Colorado. This involves the court overseeing the collection of assets, payment of debts, and distribution of property to the rightful heirs under intestate succession rules.

The court will also appoint a personal representative (also called an executor), who is responsible for managing the estate. If there's no will naming someone to serve in this role, the court chooses a person—usually a surviving spouse or adult child. If family members disagree over who should serve or how the estate is being managed, formal probate and even litigation may be necessary to resolve the dispute.

There are two main types of probate in Colorado:

• Informal Probate: Used when there’s no dispute among heirs and the estate is relatively straightforward.
• Formal Probate: Required when there are disputes over heirs, assets, or who should act as personal representative.

Many intestate cases start informally but shift to formal probate when unexpected disagreements arise. This is especially common in estates involving high-value assets, estranged relatives, or complicated family dynamics.

Common Issues That Arise Without a Will

Dying without a will can create legal and emotional challenges for the family left behind. Some of the most common problems include:

• Family disputes: When there's no will to clarify the deceased’s wishes, disagreements can erupt over who should receive what.
• Unmarried partners being left out: Colorado does not automatically provide inheritance rights to long-term partners who were not legally married.
• Minor children inheriting property: If minor children inherit assets, a conservator may need to be appointed to manage those funds, adding time and complexity.
• Creditors making claims: Without clear instructions, settling debts becomes more complicated, and creditors may attempt to seize estate assets.
• Delayed access to funds: Heirs may experience long delays in receiving property or financial support, especially during formal probate.

Many of these issues can be avoided with a proper estate plan, but once a person passes away, their family is left to deal with the legal process as it stands. For those facing confusion or conflict during the probate of an intestate estate, seeking legal support from an experienced probate litigation attorney is often the best course of action.

How Can a Probate Litigation Attorney Help?

Probate cases without a will often lead to questions about rightful heirs, asset ownership, and whether someone should be disqualified from inheriting due to misconduct or estrangement. A probate litigation attorney can assist with:

• Challenging or defending heirship claims
• Objecting to the appointment of a personal representative
• Resolving disputes between siblings, spouses, or blended family members
• Protecting your legal rights if you believe you're being unfairly excluded from the estate
• Filing claims on behalf of heirs or creditors during probate proceedings

At Evans Case, we help clients throughout Colorado understand their rights when a loved one dies without a will. Our probate litigation team has experience handling even the most complex family dynamics, contested estates, and legal uncertainties that arise during intestate proceedings.

If someone close to you has passed away without a will and you’re unsure what comes next, contact us today to schedule a consultation. We’ll guide you through the probate process, help protect your interests, and work to achieve a fair outcome for all involved.