What Happens If Someone Dies Without a Will in Denver?

When a loved one passes away without a will, it can create uncertainty and stress for family members. In Denver, as in the rest of Colorado, dying without a will means the estate will be subject to intestate succession laws, which determine how assets are distributed. If you're facing this situation, consulting a Denver probate lawyer https://jbakerlawgroup.com/denver-probate-lawyer/ can help navigate the legal complexities and ensure a smooth probate process.

Understanding Intestate Succession in Colorado

Dying intestate means that a person has not left behind a valid will outlining their wishes for asset distribution. In such cases, Colorado's intestate succession laws (C.R.S. § 15-11-101) dictate who inherits the deceased's property. These laws prioritize close family members, but the exact distribution depends on the deceased's surviving relatives.

Who Inherits Under Colorado Intestate Succession Laws?

Colorado law establishes a hierarchy for inheritance when no will is present. The distribution depends on the deceased's family situation:

If the deceased was married with no children or only shared children with their spouse

The surviving spouse inherits 100% of the estate.
If the deceased was married with children from another relationship

The surviving spouse receives the first $225,000 of the estate plus half of the remaining assets.
The remaining half is divided equally among the deceased's children.
If the deceased had children but no surviving spouse

The entire estate is divided equally among the children.
If the deceased had no spouse or children

The estate passes to the deceased's parents.
If both parents are deceased, the estate is distributed among the deceased's siblings.
If there are no surviving close relatives

More distant relatives, such as nieces, nephews, aunts, or uncles, may inherit.
If no relatives are found, the estate escheats to the State of Colorado (C.R.S. § 15-12-914), meaning the government takes ownership of the assets.
A Denver probate lawyer can provide clarity on how intestate succession applies in specific family situations and help ensure the process is handled correctly.

The Role of Probate in an Intestate Estate

When someone dies without a will, their estate must go through probate to determine rightful heirs and distribute assets. The process involves:

Filing a Petition in Probate Court

A family member or interested party petitions the Denver Probate Court to appoint a personal representative (executor) to manage the estate.
If no one steps forward, the court may appoint a public administrator.
Inventorying Assets and Paying Debts

The personal representative must gather and appraise the deceased's assets, including real estate, bank accounts, and personal belongings.
Outstanding debts and taxes must be settled before distributing the remaining assets to heirs.
Distributing Assets to Heirs

Once all debts are paid, the court authorizes the distribution of remaining assets based on Colorado intestate succession laws.
If conflicts arise among heirs, a Denver probate lawyer can help resolve disputes through mediation or litigation.

Challenges of Dying Without a Will

Dying intestate can create complications and disputes among surviving family members. Some common challenges include:
Delays in the Probate Process

Without a will, it can take longer to determine rightful heirs and settle the estate. The probate process in Colorado typically lasts 6 to 12 months, but intestate cases may take longer.
Family Disputes Over Inheritance

Without clear instructions from the deceased, family members may disagree on asset distribution.
A Denver probate lawyer can help resolve conflicts and ensure fair division of assets.
Higher Legal Costs and Court Involvement

Intestate estates often require more court oversight, leading to increased legal fees and administrative costs.
Unexpected Outcomes

Colorado intestate laws distribute assets strictly based on legal rules, which may not align with the deceased's wishes.
For example, an unmarried partner or stepchildren will not inherit anything unless they are legally adopted or named as beneficiaries in other documents.

How a Denver Probate Lawyer Can Help

If your loved one passed away without a will, working with a Denver probate lawyer can help streamline the process and protect your interests. A probate attorney can:
Guide you through the probate process and handle court filings.
Ensure all debts, taxes, and obligations are properly addressed.
Resolve disputes among heirs and negotiate fair settlements.
Advocate for your rights if there are competing claims to the estate.
At Baker Law Group, we understand the challenges of handling an estate without a will. Our experienced Denver probate lawyers are here to provide the legal guidance you need to navigate probate efficiently and ensure your loved one's assets are distributed fairly.

Preventing Probate Issues: The Importance of Estate Planning

The best way to avoid intestacy complications is through proper estate planning. Having a legally valid will ensures your wishes are honored and minimizes family disputes. A Denver probate lawyer can help you create:
A last will and testament to dictate asset distribution.
A trust to protect assets and simplify the transfer process.
Power of attorney and healthcare directives to plan for future incapacity.

Contact a Denver Probate Lawyer Today

If you are dealing with the probate process after a loved one's passing or want to ensure your own estate is properly planned, Baker Law Group can help. Our skilled Denver probate lawyers offer compassionate legal support to navigate probate and estate planning efficiently.
Contact us today for a consultation and let us help you protect your family's future.

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This release was published on openPR.