Can You Claim an Inheritance Without a Will in Colorado?

When a loved one passes away without a valid will, it can leave family members uncertain about what happens next, especially regarding inheritance. In legal terms, this situation is referred to as “dying intestate.” Colorado has specific laws that dictate how an intestate estate is handled and who can legally inherit the deceased person’s assets. Fortunately, not having a will does not automatically prevent family members from receiving their rightful share.

However, the process can be more complex than if a will existed. When there’s no written document outlining the deceased’s wishes, the court must step in to identify eligible heirs and oversee the distribution of assets according to state statutes. This legal pathway, known as intestate succession, ensures that property is transferred to the appropriate parties, even without a will in place.

Who Inherits When There’s No Will?

In Colorado, the order of inheritance without a will is determined by the Colorado Revised Statutes. The rules are detailed and vary depending on the family structure of the deceased. Here’s how it generally works:

• Spouse and Children: If the deceased had a surviving spouse and all children were shared between them, the spouse typically inherits the entire estate. If the deceased had children from a previous relationship, the spouse and those children may share the estate in specific proportions.
• Children Only: If there is no surviving spouse, the entire estate is divided equally among the children.
• Parents: If there are no children or spouse, the deceased’s parents will inherit the estate.
• Siblings and Extended Family: In the absence of a spouse, children, or parents, the estate passes to siblings. If there are no siblings, the court will look to more distant relatives such as nieces, nephews, aunts, uncles, and cousins.

These statutes do not allow for flexibility based on personal relationships. For example, long-term partners, stepchildren (unless legally adopted), and close friends are not recognized as legal heirs under intestate laws. This can result in outcomes that may not reflect the deceased’s true wishes, which is why estate planning is so critical.

What Is a Determination of Heirs Proceeding?

When someone dies intestate, and especially when the estate includes real property or substantial assets, the court may require a formal probate action known as a Determination of Heirs. This is a legal proceeding used to identify and legally confirm who the rightful heirs are before any distribution of the estate can occur.

A Determination of Heirs is filed in the probate court in the county where the deceased resided. The person filing must provide detailed information about the deceased’s family tree, marital status, and potential heirs. This includes supplying vital records such as birth certificates, marriage licenses, and death certificates. If there are disputes about who qualifies as an heir, the court may schedule a hearing to resolve the matter.

Once the court is satisfied with the evidence, it issues a ruling that officially names the legal heirs. Only after this order is issued can the estate be distributed. Without this step, heirs may not have the legal authority to claim property or financial accounts.

Can You Still Claim an Inheritance Without a Will?

Yes, you can claim an inheritance even if the deceased did not leave a will, but only if you qualify as an heir under Colorado’s intestate succession laws. Being a biological or legally adopted child, spouse, parent, or sibling typically places you in the category of eligible heirs. More distant relatives may also inherit if no closer family members exist.

To do so, you’ll need to be proactive. Waiting too long or failing to file the proper paperwork can cause delays and, in some cases, prevent you from receiving your share of the estate. Colorado has legal timelines for initiating probate proceedings, and acting within these limits is crucial to preserving your rights.

In cases where multiple family members are involved, or where the family structure is complex, such as blended families, half-siblings, or estranged relatives, it’s wise to consult an attorney to ensure your interests are protected throughout the legal process.

Common Issues That Arise Without a Will

Dying without a will often creates confusion and sometimes tension among surviving family members. Without written instructions, misunderstandings can occur about what the deceased would have wanted. Here are some of the most common problems that arise in intestate cases:

• Disputes Over Family Relationships: Questions may arise about whether someone was legally adopted, married, or related closely enough to inherit.
• Challenges From Unacknowledged Heirs: Sometimes individuals claim to be children of the deceased but were not previously known to the family.
• Multiple Claimants: When more than one person believes they have a right to a particular asset, like a family home or a business, litigation can follow.
• Lack of Clarity About Asset Ownership: If assets are not clearly titled or if records are missing, figuring out who owns what can become a time-consuming legal problem.

While the determination of heirs process helps bring legal clarity, it can be stressful for families already coping with the loss of a loved one. That’s why working with a probate attorney can ease the burden and ensure the court receives accurate, well-organized information.

Call Evans Case Today for Legal Assistance

At Evans Case, we’ve helped families across Colorado deal with the legal complexities that arise when a loved one passes away without a will. Our team understands how to present family relationships to the court, handle required filings, and address disputes if they emerge. Whether you’re a spouse, child, or more distant relative, we can help you determine whether you’re legally entitled to inherit and guide you through the court’s requirements step by step.

Even in straightforward cases, the rules around intestate estates can be difficult to interpret without legal guidance. Having a team in your corner ensures that all documents are filed properly and that your rights are preserved from day one.

If someone close to you has passed away without a will and you believe you may be entitled to part of their estate, contact us today. At Evans Case, we’re here to help you understand your legal options, assert your rightful claim, and make sure your voice is heard during the probate process.