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Intestate Succession Laws in Colorado

In Colorado, a surviving spouse inherits the entire estate when all of the deceased's children are also the spouse's children, and a first share (stated as $300,000 and adjusted for cost of living) plus three-fourths of the balance when there are no children but a parent survives. Colorado is not a community property state.

Last checked . General information, not legal advice.

Colorado at a glance

Spouse share with shared children
Entire estate
Smaller shares apply if the spouse or the deceased has children from another relationship.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
First $300,000 plus 3/4 of the balance (adjusted)
The dollar amounts are adjusted for cost of living under C.R.S. 15-10-112.
Community property state
No

Sources

Last checked

The rules in Colorado

How much does a surviving spouse inherit in Colorado when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Colorado: Entire estate. Smaller shares apply if the spouse or the deceased has children from another relationship.

Does a surviving spouse in Colorado inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in Colorado: yes.

How much does a surviving spouse inherit in Colorado when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Colorado: First $300,000 plus 3/4 of the balance (adjusted). The dollar amounts are adjusted for cost of living under C.R.S. 15-10-112.

Is Colorado a community property state?

No. Community property state in Colorado: no.

Where do the Colorado intestate succession laws come from?

The rules above come from Colo. Rev. Stat. 15-11-102. Each source is linked on this page. We last checked them in October 2026.

Good to know

The statute gives the spouse the entire estate if all surviving descendants are also descendants of the spouse and the spouse has no other surviving descendant.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.