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How will my deceased husband's property be distributed without a will?

How will my deceased husband's property be distributed without a will?

Full question:

My husband and had been married and residing in Aspen, Colorado. We had two children in our marriage. I have a son from an earlier marriage. My husband passed away and did not leave behind a will. How will his property pass on to us surviving members in the family?

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

Answer:

In Colorado, intestate succession is governed by C.R.S. 15-11-101 through C.R.S. 15-11-122. According to C.R.S. 15-11-102, the surviving spouse's share depends on the family situation. The surviving spouse may receive:

The entire estate if there are no descendants or parents surviving.
The first three hundred thousand dollars plus three-fourths of the remaining estate if a parent survives but no descendants.
The first two hundred twenty-five thousand dollars plus half of the remaining estate if all descendants are also the surviving spouse's and they have their own children.
The first one hundred fifty thousand dollars plus half of the remaining estate if any descendants are not the surviving spouse's.

In your case, since you have a child from a prior marriage, the relevant rule is the third one. Therefore, the distribution will be:

You will inherit the first two hundred twenty-five thousand dollars of the estate plus half of what remains.
Your child from the marriage with your husband will inherit the rest of the estate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does inheritance go to kids or spouse?

In Colorado, inheritance can go to both children and a spouse, depending on the family situation and the presence of a will. If a person dies without a will, the surviving spouse and children will inherit according to intestate succession laws. Generally, the spouse receives a portion of the estate, while the remaining goes to the children. If there are no children, the spouse may inherit the entire estate.

How long do you have to transfer property after death in Colorado?

In Colorado, property transfer after death typically occurs during the probate process, which can take several months to over a year, depending on the estate's complexity. There is no specific time limit for transferring property, but it is advisable to complete the process as soon as possible to ensure proper distribution according to the law.

Is my spouse entitled to my inheritance in Colorado?

In Colorado, a spouse is generally entitled to a portion of the estate upon the death of their partner, regardless of whether the deceased left a will. However, if the inheritance was specifically designated to someone else in a will or trust, the spouse may not have a claim to that particular asset. It’s important to review the estate planning documents to understand specific entitlements.

When a husband dies, what is the wife entitled to in Colorado?

In Colorado, when a husband dies without a will, the wife is entitled to a share of the estate based on intestate succession laws. If there are surviving children, the wife typically receives a portion of the estate, which may include a set dollar amount and a share of the remaining assets. The exact distribution depends on the family structure.

Does a spouse automatically inherit everything in Colorado?

No, a spouse does not automatically inherit everything in Colorado if the deceased left children or other descendants. The distribution of the estate depends on intestate succession laws. If there are surviving children, the spouse will receive a portion of the estate, but not necessarily all of it. The specifics can vary based on the family situation.

What is the order of next of kin in Colorado?

In Colorado, the order of next of kin for inheritance purposes follows a specific hierarchy. First, the spouse inherits, followed by children, parents, siblings, and then more distant relatives. If there are no surviving relatives, the estate may escheat to the state. This order is outlined in Colorado's intestate succession laws.