It’s a question many people quietly wonder about, but rarely ask out loud: What happens if I die without a will?

Maybe you’ve thought about getting a will “someday,” but life got busy. Or maybe you assumed everything would just go to your spouse or kids automatically. The truth is, dying without a will, what lawyers call intestate, can create stress and confusion for the very people you care about most.

The good news? You can avoid that outcome with just a few thoughtful steps. But let’s start with what actually happens when someone in Colorado dies without a will.

Colorado Has a Backup Plan But It’s Not Personalized

When someone dies without a will, Colorado law steps in with a set of default rules. These laws decide who gets your assets, who’s in charge of your estate, and how everything is divided. It’s like using the state’s version of a “one-size-fits-all” plan.

Sometimes, that default plan lines up with what you would have wanted. But often, it doesn’t, especially in blended families, unmarried partnerships, or situations with estranged relatives.

Who Inherits What?

Here’s a simplified look at how Colorado’s intestacy laws divide your estate:

• Married with no kids or only shared kids: Your spouse gets everything.
• Married with kids from a prior relationship: Your spouse and children split your assets in a specific formula.
• Unmarried with kids: Your children inherit everything equally.
• No spouse or kids: Your parents, then siblings, then extended relatives may inherit.

What’s not considered? Your wishes. Stepchildren you helped raise. Long-term partners you never married. Charities or friends you wanted to bless. None of those intentions are reflected without a valid will.

Who’s in Charge Without a Will?

Without a named personal representative (what a will usually provides), the court decides who gets that job. That person is responsible for managing the estate, paying bills and taxes, and distributing everything according to the law.

Sometimes the court’s choice is fine. But sometimes it leads to tension, especially if family members disagree about who should take the lead.

What About Guardianship for Kids?

This is one of the most urgent reasons to have a will. Without one, the court decides who will raise your children if something happens to you, and that decision might not align with your values or relationships.

A will lets you choose who steps in and gives your wishes weight in the eyes of the court. It’s a powerful way to protect your kids and give your loved ones clarity.

What About Probate?

Yes, your estate will go through probate. That’s true whether or not you have a will. But without one, the process can be slower, more expensive, and more emotionally difficult, especially if there’s family conflict or confusion.

The Bottom Line

Dying without a will means letting the state make some of life’s most personal decisions for you. And while Colorado’s laws do their best to be fair, they’re no substitute for your voice.

The good news is that creating a simple will doesn’t have to be hard or expensive. At Lester Law, we walk you through the process with warmth, clarity, and flat-fee options that make planning feel doable.

Whether you’re ready to put a plan in place or just want to learn more, we’re here to help you protect what matters—on your terms.or just want to learn more, we’re here to help you protect what matters—on your terms.

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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.