Wills & Trusts

• Surviving Spouse Intestate Share
• Intestate Share of Heirs After Spouse
• Executing a Will in Colorado

Many of our clients wonder, “What happens if I die without a will or other estate plan?” We advise them to avoid this situation, as it leaves survivors with both uncertainty and complicated legal matters to deal with at a time when they are least capable of doing so.

Dying without a will is known as dying “intestate.” Any part of a deceased person’s (“decedent’s”) estate that is not disposed of by a will or other instrument, passes according to the intestacy statutes of the State of Colorado. The current setup for intestacy in Colorado is outlined below.

1. If a person dies with no descendants (children, grandchildren, great grandchildren) or parents surviving him/her, then the SS receives the entire intestate estate.
2. If a person dies with descendants who are all also descendants of the SS, then the SS receives the entire estate.
3. If a person dies with no descendants, but is survived by his/her parents, then the SS gets the first $200,000 plus three-fourths of the balance of the intestate estate (if there is a balance).
4. If a person dies and all of their descendants are also descendants of the SS, but the SS also has other descendants who are not those of the decedent, then the SS gets the first $150,000 plus one-half of the balance of the intestate estate (if there is a balance).
5. If the decedent has descendants who are not descendants of the SS, and all of those descendants are adults, the SS receives the first $100,000 plus one-half of the balance of the intestate estate (if there is a balance).
6. If the decedent has descendants who are not descendants of the SS, and one or more children are minors, then the SS receives one-half of the intestate estate.

1. To descendants per capita at each generation. This means the intestate estate is divided into as many equal shares as there are surviving descendants in the generation nearest to decedent, as long as there are one or more surviving descendants in that generation AND deceased descendants in that generation who left surviving descendants. Each surviving descendant in the nearest generation gets one share. The share of any deceased descendant with surviving descendants passes to the surviving descendants, who take equal shares divided in the same manner.
2. If there are no descendants, then shares are divided among the decedent’s parents equally if both survive, or to the surviving parent.
3. If there are no descendents, and no parents, then shares are divided among surviving descendants of the decedent’s parents per capita at each generation (see #1 for explanation). This includes the decedent’s siblings, nieces, nephews, grand-nieces and grand-nephews.
4. If there are no descendants, no parents, and no surviving descendants of a parent, then shares are equally divided among the decedent’s surviving grandparents.
5. If there are no descendants, no parents, no surviving descendants of a parent, and no surviving grandparents, then shares are divided equally among surviving descendants of the decedent’s grandparents per capita at each generation.
6. Typically, if there are no takers, then the intestate share passes to the State of Colorado.

1. The will is written, signed by the “testator” (person making the will), and signed by two witnesses. If the testator is unable to sign, another individual may sign the testator’s name at the direction of the testator and in his or her conscious presence. The witnesses may sign before or after the testator’s death, as long as they sign within a reasonable time after witnessing the testator’s signing of the will, the testator’s acknowledgement of that signature, or acknowledgement of the will itself (C.R.S. §15-11-502).
2. If the will does not conform to all the requirements of #1 above, it could be valid as a holographic will. A holographic will is one in which both the material provisions are written in the testator’s handwriting and the testator has signed the document.

The attorneys at Bordeaux & Boyes are here to help clients in northern Colorado develop effective wills, trusts, and other estate planning documents. Please call us at 970.488.2737 for an initial consultation!