What the rule says
Colorado's intestacy statute, Colo. Rev. Stat. § 15-11-102, distributes the estate of a Colorado decedent who dies without a will. Colorado adopted the Uniform Probate Code framework, producing one of the more spouse-favorable intestacy formulas in the country:
- Spouse and all descendants are mutual (children of both decedent and surviving spouse), with no decedent or spouse children from prior relationships: The spouse takes the entire estate. - Spouse and at least one decedent's child from prior relationship (not the spouse's child): The spouse takes the first $300,000 plus three-quarters of the balance. Descendants take the rest. - Spouse and at least one spouse's child from prior relationship (not the decedent's child) but all decedent's descendants are also the spouse's: The spouse takes the first $225,000 plus one-half of the balance. Decedent's other beneficiaries take the rest. - Spouse but no descendants, with parent surviving: The spouse takes the first $300,000 plus three-quarters of the balance. Parent takes the rest. - Spouse but no descendants and no parents: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
The dollar amounts ($300,000 and $225,000) are indexed for inflation under Colorado law.
What this means in practice
- Colorado resident dies without a will, leaving a surviving spouse and three mutual children. Estate worth $400,000. Spouse takes $400,000. - Colorado resident dies without a will, leaving a surviving spouse and one decedent's child from prior relationship. Estate worth $400,000. Spouse takes $300,000 + 75% of $100,000 = $375,000. Child takes $25,000. - Colorado resident dies without a will, leaving a surviving spouse, two mutual children, and one of decedent's children from prior relationship. At least one decedent's prior-relationship descendant exists, so spouse takes $300,000 + 75% of balance.
Colorado's framework is among the most spouse-favorable in the country for mutual-descendants families — the spouse takes the entire estate. Even with prior-relationship descendants, the dollar floors and high spousal percentages produce significant spousal protection.
What you can do about it
A valid Colorado will gives complete control:
- Colorado will requirements (Colo. Rev. Stat. § 15-11-502). A will must be in writing, signed by the testator, and signed by two witnesses. - Colorado recognizes holographic wills under § 15-11-503 — a will signed by the testator with material provisions in the testator's handwriting is valid even without witnesses. - Colorado recognizes harmless-error doctrine under § 15-11-503. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Colo. Rev. Stat. § 15-11-202, a surviving spouse can elect against the will and take an augmented estate share that scales with marriage length (similar to NC and VA).
Who this affects most
Colorado's intestacy formula is most consequential for:
- Married Colorado residents in mutual-descendants families (favorable outcome) - Blended families where the dollar floors produce specific outcomes - Estate planners coordinating Colorado-specific UPC outcomes - Out-of-state relocators expecting their home state's intestacy framework
Colorado's UPC framework produces one of the most spouse-favorable intestacy outcomes in the country. A will is the only mechanism to direct different distribution.