Detailed answer: How intestacy works and how to claim your share in Colorado

If your mother died without a will (intestate) in Colorado, state law determines who inherits her property. The process generally includes identifying the heirs under Colorado’s intestate succession rules, locating and valuing assets, checking for non-probate transfers, and working with the court to administer the estate (or using a simplified method if the estate is small). Below are the practical steps and the legal framework you should expect.

1. Who inherits if there is no will?

Colorado’s intestate succession rules set a priority order (spouse, children, grandchildren, parents, siblings, etc.). The exact shares depend on who survives the decedent. The state’s statutes that govern intestate succession are found in the Colorado Revised Statutes—look under the Probate/Intestate Succession sections (Title 15). For the official text of the Colorado Revised Statutes, visit the Colorado General Assembly: Colorado Revised Statutes. For practical court guidance, see the Colorado Judicial Branch probate information: Colorado Courts — Probate Forms & Information.

2. Determine whether property passes outside probate

Not all assets go through probate. Common non-probate transfers include:

• Jointly owned property with right of survivorship
• Accounts or policies with beneficiary designations (payable-on-death, transfer-on-death, life insurance, retirement plans)
• Trust assets (if the decedent had a living trust)

Those assets transfer directly to the named survivor or beneficiary and do not follow intestacy rules.

3. Identify the personal representative (executor) or petition to appoint one

If the estate must go through probate, someone must be appointed by the probate court as the personal representative (PR). Typically a surviving spouse or an adult child files a petition in the county probate court where the decedent lived. If no one volunteers, the court will appoint an administrator. The PR gathers assets, pays debts and taxes, and distributes the remainder to heirs under Colorado law.

4. Small estate and simplified procedures

Colorado provides simplified procedures for some small estates and for collection of certain assets without full probate (for example, affidavits to collect small amounts held by banks or to transfer vehicle titles). Whether you can use a simplified method depends on the asset type and total value. Check the Colorado Judicial Branch forms and guidance for small estate procedures: Probate forms and small estate information.

5. Creditor notice and claims

Once a PR is appointed, Colorado law requires notification to creditors and sets time limits for when creditors must file claims. The PR pays valid claims from estate assets before distributing inheritances. If you are an heir, expect a pause on distributions until creditor claims and estate administration tasks are complete.

6. Your steps to claim your share

1. Obtain the death certificate. The funeral home can help or the county vital records office.
2. Locate any safe-deposit box, will (even if you were told none), beneficiary designations, and lists of assets and debts.
3. Contact other family members to learn whether someone has filed for appointment as personal representative. If a PR is already appointed, ask for the PR’s contact information and basic estate inventory.
4. If no PR has been appointed, file a petition for appointment of a personal representative in the county probate court where your mother lived. Court staff can provide the required forms and fee information: Colorado probate forms.
5. If the estate is small, ask the court clerk or an attorney whether a small estate affidavit or other simplified process applies.
6. Work with the PR: provide documentation of your identity and relationship, and respond to requests for information. The PR will distribute shares according to Colorado intestacy law once debts and taxes are paid.
7. If the PR refuses to act or distributes incorrectly, you can ask the court to remove or surcharge the PR, or you can file a petition to enforce your rights. Consider hiring an attorney if relations are contentious or if complex assets are involved.

7. When to hire an attorney

Consider getting a Colorado probate attorney if:

• There is a dispute over heirs, parentage, or paternity.
• Assets are complex (business interests, multiple real estate parcels, out-of-state property).
• Creditors make large claims or the estate could be insolvent.
• The appointed PR is not acting appropriately or is delaying administration.

8. Timeframes and practical expectations

Probate can take months to more than a year depending on estate complexity, creditor issues, and court backlog. Small estates and assets passing outside probate can be transferred in weeks. The PR should keep heirs informed and provide an accounting when distribution occurs.

Statutes and official resources

For statutory specifics, consult the Colorado Revised Statutes (Probate / Intestate Succession provisions) on the Colorado General Assembly site: https://leg.colorado.gov/content/colorado-revised-statutes. For practical court forms and step-by-step probate information, see the Colorado Judicial Branch probate resources: https://www.courts.state.co.us/Forms/Forms_List.cfm?Category=Probate.

Helpful hints

• Start by getting multiple certified copies of the death certificate — banks and agencies typically require them.
• Look for beneficiary designations on bank accounts, investment accounts, retirement plans, and life insurance — those override intestacy for those assets.
• If you live out of state, you can still be appointed as a personal representative, but courts may prefer a local PR or require a local agent.
• Keep records: save communications with the PR, copies of filings, and receipts for any estate-related expenses you pay.
• If someone claims to be a PR, ask for a certified copy of the court order appointing them before you respond to requests or hand over property.
• When in doubt about your rights or if the estate is complex, consult a Colorado probate attorney early — an initial consult can save time and disputes later.
• Be mindful of deadlines for creditor claims and for filing proceedings; missing a deadline can affect distributions or your ability to challenge actions.