- Married with no children
- If there are no surviving parents, the spouse will receive the entire estate. If one or both of the deceased’s parents surviving, the spouse receives the first $200,000 plus three quarters of the balance of the estate. The parents receive the other quarter.
- Married with child or children
- 1) If the deceased’s descendants are also descendants of the surviving spouse and if the surviving spouse has no descendants who are not also descendants of the decedent, the surviving spouse receives all of the estate.
2) If the surviving spouse has descendants from a prior relationship, but the deceased does not, the spouse receives the first $150,000 plus one half of the balance of the estate.
3) If there are any descendants from a prior marriage of the deceased, then 1) if all of the surviving children are adults, the spouse receives the first $100,000 plus one half of the balance or 2) if any of the surviving children is a minor, the spouse only receives one half of the total estate.
- No spouse survives or the deceased was not married but there are other relatives
- The estate passes in the order shown below:
1) direct descendants
2) parents of the deceased
3) brothers and sisters
4) more remote relatives
- No surviving relatives
- The estate goes to the state of Colorado.
- State link
Click “I agree” and then go to Colorado Revised Statutes 15-11-102 (2015), TITLE 15. PROBATE, TRUSTS, AND FIDUCIARIES.
- Special notes
- When you click on the link to find Colorado statutes, select Revised Statutes and go to section 15-11-101 to section 15-11-114.