What You Must Know About Colorado Intestate Succession Laws

 When a loved one passes away without leaving a will, it can create confusion and potential disputes. If you're in Colorado, it's important to understand how Colorado intestate succession laws determine how assets are distributed when there isn't a legal will in place. These laws are designed to ensure that your loved one's estate is handled in a fair and organized way, but navigating them can still be complicated. Here’s what you must know.

What is Intestate Succession?

Intestate succession is the legal process that determines how a deceased person’s property and assets are distributed when they pass away without a valid will. In Colorado, the rules of intestate succession are governed by state law, which ensures that the decedent’s estate goes to their closest relatives. However, the distribution may not align with the deceased person’s wishes if they had specific preferences for their estate.

How Are Assets Distributed in Colorado?

In Colorado, the distribution of assets without a will is generally determined by the family structure. If the deceased person was married, their surviving spouse is entitled to a portion of the estate, which may vary depending on whether there are children involved. For instance, if there are surviving children, the spouse typically receives half of the estate, with the remaining half divided equally among the children.

If there is no spouse, the children are the primary beneficiaries. The estate will be divided equally among them. However, if no children are alive, the estate may go to other family members such as parents, siblings, or even more distant relatives. The key to Colorado intestate succession is that the estate must go to family members, in a specific order, and only if no will is present.

What Happens to a Deceased Parent's Assets If They Have Children?

If a parent passes away without a will and has surviving children, Colorado intestate succession laws provide that the children inherit the estate. This can be particularly important if there are minor children involved, as you might need to seek legal advice on how the estate is managed or who will oversee the distribution. If you are a parent of minor children and your spouse has passed without a will, it’s vital to seek guidance from a child custody lawyer in Denver to help you navigate the legal process, especially if there are concerns regarding guardianship or inheritance.

How Does Intestate Succession Affect Your Family?

Intestate succession can create complications, especially when there are disagreements between family members over the estate’s distribution. In some cases, siblings or relatives may contest how the estate is divided, especially if there is a lack of clarity about the deceased person’s wishes. That’s why it is essential to understand the process and seek legal advice from a child custody lawyer in Denver or an estate planning attorney who can help clarify your rights and responsibilities in the event of an intestate death.

In some cases, especially when minor children are involved, an attorney can help ensure that your children’s inheritance is protected and managed correctly. Without a will, Colorado’s laws are the deciding factor in the inheritance, which may not reflect what your loved one would have wanted.

Conclusion

If you’ve recently lost a loved one or are preparing for future planning, understanding Colorado intestate succession laws is crucial to protecting your family and assets. While these laws offer a structured way to distribute assets, they may not always reflect your loved one’s intentions. Seeking legal advice from a child custody lawyer in Denver or an estate planning attorney can help ensure that your rights are protected and that your family’s future is secure.