My wife died and I need to know if his children from a prior marriage inherit?

Full question:

I am a resident of Denver, Colorado. My wife died in a tragic accident last week. She did not have a will or last testament and has substantial property in her name. We have three children from our marriage. She also had a daughter from an earlier marriage. In what manner will the property be divided in Colorado per the intestacy law?

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: Colorado

Answer:

In Colorado, laws regarding intestate succession is laid down in the 15^th title of the Colorado Probate Code from C.R.S. 15-11-101 through C.R.S. 15-11-122. C.R.S. 15-11-102 discusses the right of the surviving spouse in Colorado. It reads:
“The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is:
(1) The entire intestate estate if:
(a) No descendant or parent of the decedent survives the decedent; or
(b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
(5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.)
(6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.”
Per the above quoted section, in the case at hand, the property would be divided in the following manner:
1. the surviving spouse will inherit the first $150,000 of the probate estate plus one-half (1/2) of the balance
2. the deceased spouse's child from the earlier marriage will inherit the remainder of the estate.