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How will my husband's property be divided without a will in Colorado?

How will my husband's property be divided without a will in Colorado?

Full question:

My husband ran a successful real estate agency in Estes Park, Colorado. We have been married for about 3 years now. He recently passed away. It is when I approached our attorney I got to know that he never left a will behind. We never had kids in the marriage or prior to our marriage. His parents are settled in Aspen. How will his property be divided per the intestacy laws in Colorado?

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

Answer:

In Colorado, intestacy laws dictate how a deceased person's property is divided when there is no will. According to C.R.S. 15-11-102, the surviving spouse's share depends on the surviving relatives of the deceased.

In your case, since your husband has no children and is survived by you and his parents, the law applies as follows:

You will inherit the first $300,000 of his estate.
You will also receive three-fourths (3/4) of any remaining estate after that amount.
His parents will inherit the remaining one-fourth (1/4) of the estate.

This means you will receive a significant portion of your husband's estate, with his parents receiving the rest.

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 marriage override a will in Colorado?

In Colorado, marriage does not override a will. If a valid will exists, it dictates how the deceased's property is distributed, regardless of marital status. However, if a spouse is not mentioned in the will, Colorado law may provide certain rights to the surviving spouse, such as the right to a portion of the estate under intestacy laws if no will exists. It's essential to review the will and consult with an attorney for specific guidance.

What are the surviving spouse rights in Colorado?

In Colorado, a surviving spouse has significant rights, especially if there is no will. Under intestacy laws, the spouse typically inherits a portion of the deceased's estate. If there are no children, the spouse may receive the first $300,000 plus three-fourths of the remaining estate. If there are children, the distribution may differ. It's advisable to consult an attorney for personalized advice.

Does a will take precedence over marriage?

Yes, in Colorado, a valid will takes precedence over marriage. If a person has a will that specifies the distribution of their property, that will is generally honored, even if the person is married. However, a surviving spouse may have certain rights under state law, which can affect the distribution if they are not adequately provided for in the will.

How does Colorado recognize common law marriage?

Colorado recognizes common law marriage if a couple agrees to be married and lives together as spouses, presenting themselves as married to others. There is no formal ceremony required. Factors such as cohabitation duration, shared finances, and mutual consent are considered. It's crucial to understand that common law marriage can affect inheritance rights and legal obligations.

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 significant portion of his estate under intestacy laws. If there are no children, she inherits the first $300,000 of the estate and three-fourths of the remaining amount. If children exist, her share may differ. Consulting an attorney can provide clarity on specific entitlements.

Does a spouse automatically inherit everything in Colorado?

No, a spouse does not automatically inherit everything in Colorado. If there is a valid will, the distribution is determined by that will. If there is no will, intestacy laws apply, which may grant the spouse a significant portion of the estate, but not necessarily everything, especially if there are children or other relatives involved.