Short answer: Often—but not always. In Colorado, dying without a will (intestate) means the decedent’s probate assets will generally need a court process (probate administration) so a court-appointed personal representative can collect assets, pay debts, and distribute remaining property according to Colorado’s intestacy rules. Some assets pass outside probate (joint tenancy, beneficiary-designated accounts, or trust property), and for small estates there may be simplified procedures.
Detailed answer — how Colorado handles deaths without a will
When a person dies without a valid will, Colorado law treats that person as an intestate. Intestate succession rules determine who inherits the decedent’s probate assets. Probate administration becomes the mechanism to gather and transfer assets titled only in the decedent’s name, satisfy creditors, and record clear title in the heirs’ names.
Which assets are involved in probate?
Probate generally applies only to assets owned solely in the decedent’s name at death. Common non-probate examples that transfer outside probate include:
- Assets with named beneficiaries (life insurance, IRAs, 401(k)s, payable-on-death accounts).
- Assets held in a revocable or irrevocable trust.
- Property held as joint tenants with rights of survivorship or in certain forms of joint ownership.
When is probate administration required?
Probate administration is typically required if the decedent owned assets in their name alone that need legal transfer, or when banks/title companies require a probate court order or letters testamentary/letters of administration to release funds or retitle real property. Probate also becomes necessary to resolve creditor claims against the estate and to provide official documentation of heirs’ rights.
Who runs an intestate estate?
Because there is no executor named by a will, Colorado courts appoint an administrator or personal representative under the probate statutes. That person has the authority to collect assets, pay debts and taxes, and distribute the estate under Colorado’s intestacy rules.
How are heirs determined?
Colorado’s intestacy statutes set the order of priority (spouse, children, parents, siblings, more distant relatives). The estate is distributed according to those statutory rules rather than the decedent’s wishes (since there is no will). For the statutory rules, see Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries): Colorado Rev. Stat. Title 15.
Are there simplified or alternative procedures?
Yes. Colorado provides simplified procedures in some situations:
- Small estate procedures and affidavits (for certain lower-value estates or certain personal property) can avoid full probate in many cases. The Colorado courts provide forms and information about probate and small estate affidavits: Colorado Courts — Probate Forms & Resources.
- Nonprobate transfers (joint tenancy, beneficiary designations, trusts) let assets pass without court administration.
Typical steps if probate is required
- Locate financial records, titles, insurance policies, and beneficiary designations.
- Check for a will (even a handwritten one) and determine if any estate planning tools exist (trusts).
- File a petition with the county probate court where the decedent lived to appoint a personal representative (administrator).
- Personal representative gathers and inventories estate assets, notifies creditors and heirs, pays valid debts and taxes, and petitions the court for approvals or final distribution.
- After court approval, the remainder of the estate is distributed according to Colorado’s intestacy laws.
Practical considerations
Timing, costs, and complexity vary. Probate can take several months to over a year depending on creditor issues, tax filings, real estate sales, or disputes among heirs. Probate costs include court filing fees, potential bond premiums, attorney fees, and fees for the personal representative. In some estates, the combined costs and delays of probate can be significant compared with the estate’s value.
Helpful hints
- Start by identifying all assets and their titles or beneficiary designations. That will quickly show what must go through probate.
- Check for a trust—assets in a properly funded trust usually avoid probate entirely.
- Look for payable-on-death (POD) or transfer-on-death (TOD) designations, and update beneficiary lists where you can (for your own planning).
- Consider small-estate affidavit procedures if the estate is small. See the Colorado Courts probate forms and instructions: Colorado Courts — Probate Forms.
- If you are an heir or potential administrator, gather documentation (death certificate, account statements, deeds, titles) before filing with the court.
- Act promptly on creditor notices and tax filings — missed deadlines can create personal liability for the personal representative.
- If multiple heirs agree, some institutions will release assets with a family affidavit or a signed waiver, but the bank or title company has discretion—get their requirements in writing.
- When in doubt, consult a probate attorney to determine whether probate is necessary and which simplified paths may apply. An attorney can also explain how Colorado’s intestacy rules apply to your family situation.