Disclaimer

This is general information only and is not legal advice. Laws change and every situation is different. For advice about your specific circumstances, consult a licensed Colorado attorney.

Detailed answer: Your core legal rights under Colorado law

1. Intestate succession — you are the primary heir

When someone dies without a valid will in Colorado, the Colorado intestacy statutes determine who inherits. The surviving spouse is the primary heir. The exact share a surviving spouse receives depends on whether the decedent left surviving descendants (children), parents, or other heirs. Colorado’s intestacy rules are found in the Colorado Revised Statutes (Title 15 — Probate, Guardianship, and Wards). See the statutes in Title 15 for the specific distribution rules: Colorado Revised Statutes (searchable) and Title 15 (probate) materials on the Colorado General Assembly site.

2. Right to appointment as personal representative (probate administrator)

If the estate must go through probate, the court appoints a personal representative (sometimes called an administrator for intestate estates). Colorado law gives priority to certain persons to serve as personal representative, and a surviving spouse generally has top priority to be appointed or to nominate a representative, subject to court approval. If family members try to make estate decisions without allowing you to participate or be appointed, you can file the appropriate petition with the probate court to be appointed or to remove an improperly acting representative. See the probate appointment and administration provisions in Title 15 (Probate) for procedures and priorities.

3. Immediate possession and control of property — temporary rights and remedies

Family members sometimes try to take or sell property after a death. Until someone is lawfully appointed by the court, no one has final authority to administer the estate. You can ask the probate court for temporary orders or an emergency appointment if there is a risk that estate property will be lost, hidden, or sold improperly. You can also ask the court to prohibit transfers while the court decides who will administer the estate.

4. Statutory protections: homestead, exempt property, and family allowance

Colorado provides certain statutory protections for surviving spouses and minor children. Those commonly include:

• Homestead protections that shelter a portion of the family home from creditors and may affect how the home passes in probate.
• Exempt property rules that permit the surviving spouse to keep certain personal property free from distribution to creditors or heirs.
• A family allowance (or similar short-term support) to cover reasonable living expenses for the surviving spouse and minor children during estate administration.

These protections are set out in Colorado’s probate and property statutes in Title 15 and related chapters. For precise statutory language and amounts, review the Colorado statutes or consult an attorney.

5. Spousal claims against the estate

Beyond intestate inheritance, surviving spouses may have other claims such as:

• Claims for unpaid wages or debts the decedent owed to the spouse.
• Certain contract or tort claims the decedent had that could affect estate value.
• Potential rights to any jointly held property depending on how title is held (joint tenancy, tenancy by the entirety if applicable, or community/tenancy arrangements).

6. If family members are cutting you out

If relatives are excluding you from decisions or attempting to transfer or sell estate property without your consent:

1. Do not sign away rights without seeing an attorney.
2. Contact the local probate court clerk to learn the current filings and whether an administrator has been appointed.
3. You can file a petition asking the court to appoint you (or approve your chosen representative), to enjoin unlawful transfers, or to remove someone improperly acting as administrator.
4. Gather documentation: marriage certificate, death certificate, account statements, deeds, titles, and any communications showing family members’ actions.

7. Practical limits and timing

Probate and estate administration follow legal procedures and timelines. Acting quickly protects your rights: file the appropriate probate petition, ask the court for temporary protection of assets if needed, and meet statutory notice deadlines for creditors and heirs. The court will supervise distribution according to law if there is no will.

Key Colorado statutes and resources (where to look)

For the definitive legal text, review Colorado’s statutes and probate resources:

• Colorado Revised Statutes, Title 15 — Probate, Guardianship, and Wards: https://leg.colorado.gov/statutes (use this site to search Title 15 sections on intestate succession, appointment of personal representative, homestead, and exemptions)
• Colorado Judicial Branch — probate information and local court contacts: https://www.courts.state.co.us/ (search Probate or Administration sections for forms and local clerk contacts)

Because statute section numbers and exact language matter for outcomes, use the Colorado General Assembly site to read statutory text for the relevant sections in Title 15.

Practical steps to protect your rights now

1. Get multiple certified copies of the death certificate from the state or county vital records office.
2. Collect key documents: your marriage certificate, any deeds, titles, bank statements, and insurance policies.
3. Contact the probate court clerk in the county where your spouse lived to confirm whether someone has filed a probate case and who the nominated personal representative is.
4. If you’re being excluded or if assets are at risk, file a petition to be appointed personal representative or to enjoin transfers — consider seeking temporary emergency relief from the court.
5. Consider consulting a Colorado probate attorney promptly — most offer an initial consultation and can explain deadlines and likely distribution under Colorado law.

Helpful Hints

• Act quickly. Probate deadlines and creditor notice periods run on strict schedules.
• Document everything. Keep copies of communications, offers, and actions family members take regarding property.
• Do not sign documents transferring property or renouncing rights without independent legal advice.
• Ask the probate clerk for forms and procedures — many courts provide guidance and basic forms for intestate administration.
• If someone claims the decedent wanted a different arrangement, request any written wills or memoranda and bring them to court; oral statements rarely substitute for a valid written will.
• Consider mediation if family conflict is high — sometimes a negotiated process avoids expensive court fights.
• Keep records of household expenses and immediate needs; you may be eligible for a family allowance during administration.