About Colorado,
Colorado generally gives a spouse the entire intestate estate unless there are non‑shared descendants or a surviving parent. Blended‑family scenarios use fixed amounts plus a fraction. A separate augmented‑estate elective share protects spouses when a will leaves too little. A small‑estate affidavit can transfer qualifying property without formal probate.
Colorado follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Colorado intestate law (C.R.S. § 15-11-102) determines your share. The small-estate threshold is $82,000 (YOD 2024; adjusted by year of death), and typical probate takes 6-12 months.
Colorado does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Colorado classifies marital property and what a surviving spouse typically receives if there is no will.
How Colorado Classifies Marital Property
Common Law (Equitable Distribution) (C.R.S. § 14-10-113)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | Entire estate |
| Children from prior relationship | If the decedent's surviving descendants are also descendants of the surviving spouse, but the surviving spouse has other descendants, the surviving spouse receives the first $225,000, plus one-half of the balance of the intestate estate. If one or more of the decedent's surviving descendants are not descendants of the surviving spouse, the surviving spouse receives the first $150,000, plus one-half of the balance of the intestate estate. |
50% of the value of the marital-property portion of the augmented estate
Deadline to File
- Colorado filing window
- Within nine months after the date of the decedent's death or within six months after the probate of the decedent's will, whichever is later
Home Protections for Surviving Spouses
Surviving spouse is entitled to the homestead, which is exempt from the deceased's debts. The homestead exemption amount is subject to change, but the surviving spouse has the right to occupy the home. (C.R.S. § 38-41-204)
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $82,000 (YOD 2024; adjusted by year of death) |
| Typical probate timeline | 6-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Colorado does not have a state-level estate tax or inheritance tax. |
Deadlines You Cannot Afford to Miss
Colorado-Specific Rules
No unique state-specific rules that dramatically differ from other states were identified in the research.
Colorado Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Colorado
Reviewed August 16, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Colorado.
- Is Colorado a community property state?
- Colorado is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) (C.R.S. § 14-10-113)
- What does a surviving spouse inherit without a will in Colorado?
- No children: Entire estate With children: Entire estate Stepchildren or children from a prior relationship: If the decedent's surviving descendants are also descendants of the surviving spouse, but the surviving spouse has other descendants, the surviving spouse receives the first $225,000, plus one-half of the balance of the intestate estate. If one or more of the decedent's surviving descendants are not descendants of the surviving spouse, the surviving spouse receives the first $150,000, plus one-half of the balance of the intestate estate.
- What is the elective share right in Colorado?
- 50% of the value of the marital-property portion of the augmented estate Deadline: Within nine months after the date of the decedent's death or within six months after the probate of the decedent's will, whichever is later
- What is the small-estate threshold in Colorado?
- $82,000 (YOD 2024; adjusted by year of death). Typical probate timeline: 6-12 months
- Does Colorado have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Colorado does not have a state-level estate tax or inheritance tax.
- What deadlines matter most for widows in Colorado?
- Probate filing deadline: Within three years of the decedent's death; Elective share deadline: Within nine months after the decedent's death or within six months after the probate of the decedent's will, whichever is later.
- Does Colorado have a small‑estate affidavit?
- Yes. CRS § 15‑12‑1201 allows an affidavit to transfer qualifying personal property when conditions are met, avoiding full administration.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Colorado.
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