No Will? Understanding How Colorado Intestate Laws Distribute Assets

DWquale on January 15, 2025

When someone passes away without a will in Colorado, their assets are distributed according to the state’s intestate succession laws. These laws determine who inherits property and in what proportion. While intestate laws provide a legal fallback, they may not align with your personal wishes, leading to stress, confusion, and potential family disputes. This guide explains how intestate succession works in Colorado, the special circumstances to consider, and why estate planning is essential to avoid these complications.

How Intestate Succession Works in Colorado

Intestate succession in Colorado follows a clear hierarchy based on family relationships:

  1. Surviving Spouse and Children:
    • If the deceased leaves a surviving spouse and children, the estate is typically divided between them.
    • If the children are from a previous relationship, the surviving spouse’s share may be reduced.
    • Example: The spouse may receive a fixed amount (e.g., the first $300,000) and a portion of the remaining assets, while the rest is divided equally among the children.
  2. No Spouse or Children:
    • If no spouse or children exist, the estate is distributed to the deceased’s closest relatives:
      Parents inherit the estate if they are alive.
    • If parents are deceased, the estate passes to siblings in equal shares.
    • If siblings have passed away, their children (the deceased’s nieces or nephews) inherit the estate.
  3. No Living Relatives:
    • If no relatives can be located, the estate becomes subject to escheatment, where the assets revert to the state of Colorado. This is a last resort when no legal heirs exist.

Special Circumstances to Consider

  1. Adopted Children:
    • Legally adopted children have the same inheritance rights as biological children under Colorado law.
  2. Stepchildren:
    • Stepchildren are not automatically included in intestate succession unless they have been legally adopted. This can create challenges in blended families, underscoring the importance of a will.
  3. Unmarried Partners:
    • Colorado intestate laws do not recognize unmarried partners, regardless of the relationship’s length. Without an estate plan, assets will pass to blood relatives instead.
  4. Half-Siblings:
    • Half-siblings inherit as full siblings under Colorado intestate succession laws, ensuring they are treated equally in inheritance.

Why Intestate Succession Can Be Problematic

While intestate laws offer a legal framework, they may not reflect your personal intentions. Key issues include:

  • Delayed Distribution: Probate for intestate estates often takes longer due to legal formalities and family disputes.
  • Increased Costs: Without a clear plan, legal and court fees can significantly reduce the estate’s value.
  • Family Disputes: Rigid intestate laws may lead to disagreements, particularly in blended families or complex relationships.

How Estate Planning Can Help

Proper estate planning allows you to control how your assets are distributed and prevent the challenges of intestate succession. Key benefits include:

  • Customizing Your Plan: Decide who inherits your property, including stepchildren, unmarried partners, or charities.
  • Avoiding Delays: Streamline the probate process with a clear will or trust.
  • Reducing Legal Costs: Minimize court involvement and legal fees.
  • Protecting Family Relationships: Prevent disputes by providing clear instructions for asset distribution.

Intestate succession laws in Colorado serve as a safety net when someone passes away without a will. However, they often fail to reflect individual wishes and can create stress, delays, and legal complications for families. By taking proactive steps—such as creating a will, establishing trusts, or updating beneficiary designations—you can protect your loved ones and ensure your assets are distributed according to your preferences.

For personalized guidance on estate planning, consult an experienced Colorado probate attorney or contact us at Colorado Estate Services to secure your legacy and bring peace of mind to your family.

How Mediation Helps Resolve Colorado Probate Disputes Quickly and Affordably

DWquale on January 9, 2025

Probate disputes can place immense strain on families, delaying the settlement of an estate and leading to costly litigation. Whether disagreements arise over asset distribution, executor decisions, or the validity of a will, mediation offers a practical and cost-effective alternative to court battles. This guide explains how mediation works in Colorado probate cases, its benefits, and the step-by-step process to resolve disputes amicably.

Common Probate Disputes

Probate disputes often arise from:

  1. Contesting a Will:
    Disagreements regarding the validity of a will, such as claims of undue influence, fraud, or lack of testamentary capacity.
  2. Asset Distribution:
    Conflicts over who inherits specific assets, the value of items, or disputes about fairness among beneficiaries.
  3. Executor Mismanagement:
    Allegations that the executor mishandled estate funds, failed to communicate with beneficiaries, or acted unfairly.
  4. Creditor Claims:
    Disputes regarding outstanding debts or creditor priorities can delay estate resolution and reduce the estate’s value.

How Mediation Works in Colorado Probate

Mediation is a structured process involving a neutral third-party mediator who facilitates communication and negotiation between disputing parties. Unlike litigation, mediation encourages cooperation and allows for flexible, mutually agreeable solutions.

Key Features of Mediation:

  • Neutral Mediator: An unbiased professional guides the conversation without taking sides.
  • Confidential Process: Discussions remain private, unlike public probate court proceedings.
  • Collaborative Focus: Parties work together to reach a fair compromise without court-imposed rulings.

Benefits of Mediation in Probate Disputes

Mediation offers several advantages over traditional litigation, including:

  • Cost-Effective:
    Mediation is significantly less expensive than prolonged court trials, as legal fees and court costs can quickly escalate.
  • Faster Resolution:
    Probate disputes that might take months or years in court can often be resolved in a matter of weeks through mediation.
  • Preserves Family Relationships:
    Litigation can deepen divisions among family members. Mediation encourages cooperation, helping preserve relationships.
  • Flexible Solutions:
    Unlike court rulings, mediation allows parties to craft creative and customized solutions tailored to their unique circumstances.

Steps in the Mediation Process

Here’s a step-by-step breakdown of the mediation process for probate disputes in Colorado:

  • Pre-Mediation Preparation:
    • Gather all relevant documents, such as wills, asset inventories, and executor reports.
    • Identify the key issues to address and clarify goals for resolution.
  • Mediation Sessions:
    • The mediator facilitates discussions, ensuring all parties have a chance to voice their concerns.
    • Parties collaborate to identify common ground and work toward a mutually agreeable solution.
  • Agreement Documentation:
    • Once a resolution is reached, the mediator drafts a legally binding agreement outlining the terms.
    • This agreement is submitted to the probate court for approval, ensuring it complies with Colorado probate laws.

Why Choose Mediation for Probate Disputes?

Mediation is not only faster and more cost-effective but also less adversarial than litigation. By fostering open communication and collaboration, families can avoid the emotional toll of courtroom battles while ensuring the estate is settled efficiently and fairly.


If you’re facing probate disputes in Colorado, mediation can provide a powerful, amicable solution that saves time, money, and relationships. If you’re looking for a qualified mediator in your area, you can visit the the county court’s mediation resource page to find professionals who specialize in probate disputes.

For guidance through the mediation process, consult a probate mediation specialist or Colorado Estate Services for expert support.

The Ultimate Gift: Why Funeral Pre-Planning Matters for Your Loved Ones

DWquale on November 26, 2024

By making plans ahead of time you can alleviate the financial and emotional burden on the people who love you and prevent the chaos and conflict that often arise when people are grieving.

Plus, you get today’s pricing for services long in the future, avoiding the yearly inflation which, according to the national average, can be as high as 7-10%.

At Colorado Estate Services, we are proud to partner with Becky Davis of Stork-Morley Funeral Home in the Denver area to offer this important service.

What Does a Funeral Pre-Planner Do?

A funeral pre-planner, like Becky Davis, guides individuals and families through the process of arranging their final wishes. This includes:

  1. Understanding Personal Preferences: Pre-planners collaborate closely with clients to identify what matters most to them. These conversations often explore religious, cultural, ritual, and familial preferences, among other considerations. They are also dedicated to ensuring clients fully understand the implications of their choices, empowering them to make decisions that reflect their values and priorities.
  2. Selecting Options: Clients learn what choices are available to them and can choose based on their values and what is most important to them. Disposition options in Colorado include conventional burial, green (or natural) burial, cremation by fire, cremation by water, and natural organic reduction (human composting). Making this choice in advance ensures their wishes are honored.
  3. Financial Planning: Pre-planners help clients manage the costs of funeral services by offering prepayment options, locking in today’s prices, and avoiding future inflation. Planning long before services are needed is not only fiscally sound but a kindness to those left behind, sparing them from having to come up with funds in a very short timeframe.
  4. Coordinating Details: From music and readings to floral arrangements and casket selection, pre-planners help finalize every detail.
  5. Providing Peace of Mind: Having these plans in place brings comfort to clients knowing that their families will be better able to focus on grieving and healing when the time comes.

How Funeral Pre-Planning Works

  • Consultation: The process begins with a meeting between the client and the pre-planner to discuss options, wishes, values, and preferences.
  • Customized Plan Development: Once decisions have been made, the pre-planner creates a contract between the client and the funeral home, ensuring every detail aligns with the client’s vision.
  • Budget Review and Payment Options: The advance planner discusses prepayment options with the client creating a payment plan that works best for them. Once the decision is made, the funds are held in escrow with an insurance company, who then pays the funeral home directly at the time of need. This spares family from the added stress of coming up with payment on short notice.
  • Documenting the Plan: The finalized plan is documented and given to the family, along with the insurance paperwork, and copies are securely stored at the funeral home.
  • Ongoing Support: Plans can be adjusted over time to reflect changing circumstances (such as a move) or preferences.

Why Pre-Planning Matters

Funeral pre-planning is a gift to those you leave behind. It reduces the emotional and financial stress of making decisions during an already difficult time. With Becky Davis’s compassionate guidance, families in the Denver area can take proactive steps to ensure their final wishes are met, while sparing loved ones from these additional challenges.

At Colorado Estate Services, we believe in connecting our clients with trusted partners who can help them through all aspects of planning for the future. If you or a loved one is interested in learning more about funeral pre-planning, we encourage you to reach out to Becky Davis at Stork-Morley Funeral Home. Together, we can help you plan with confidence and peace of mind.

For more resources or referrals, contact Colorado Estate Services today.