What Happens If You Die Without a Will or Trust in Tennessee or Colorado?

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Many people believe that estate planning is only for the wealthy or elderly, but the truth is everyone has an estate, and everyone benefits from having a plan. If you pass away without a will or trust, the state decides what happens to your property, not you. Here’s what that looks like in Tennessee and Colorado.

What does “Dying Intestate” mean?

When someone dies without a valid will or trust, they are said to have died “intestate.”
This means the state’s intestacy laws determine who inherits your assets and how your estate is handled. The process is managed through probate court, which can be time-consuming, costly, and public.

If You Die Without a Will in Tennessee

In Tennessee, intestate succession laws favor close family members. Here’s the general order:

• If you’re married with no children: your spouse receives your entire estate.

• If you’re married with children: your spouse and children share your estate equally, but your spouse’s share will never be less than one-third.

• If you’re unmarried with children: your children inherit everything equally.

• If you have no spouse or children: your estate passes to your parents, then siblings, then more distant relatives.

Without a will or trust, the state controls how your assets are divided, and there is no opportunity to make special gifts, exclude relatives, or name guardians for minor children.

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If You Die Without a Will in Colorado

Colorado follows similar intestate rules, but with some key differences:

• If you’re married with no descendants (children or grandchildren): your spouse inherits everything.

• If you have children from a previous relationship: your current spouse may only receive part of your estate, and your children from prior relationships inherit the rest.

• If you’re single with children: your children divide your estate equally.

• If no spouse or children: your parents, siblings, or next closest relatives inherit under state law.

Colorado is a Uniform Probate Code state, which makes the probate process a bit more streamlined than in Tennessee but, it’s still a public and potentially lengthy process.

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Why a Trust or Will Matters

Creating a will ensures your wishes are followed, your chosen executor manages your estate, and your minor children are cared for by people you trust.

A revocable living trust goes even further. It allows your estate to avoid probate altogether, keeps your affairs private, and provides ongoing protection for your beneficiaries.

With either document, you stay in control not the state.

Bottom Line

Without a will or trust, Tennessee or Colorado law decides who gets what, when, and how.
With a proper estate plan, you decide while saving your loved ones from unnecessary stress, costs, and delays.

If you’re ready to protect your family and assets, schedule a consultation with our estate planning team today to create a plan that reflects your wishes and complies with your state’s laws.