Can You Disinherit a Spouse or Child in Colorado? (2026)

· Published on

One of the most common reasons people write a will is to control exactly who inherits, and just as often, who does not. Maybe you are estranged from an adult child, or you want everything to go to one person instead of splitting it by default. In Colorado you have wide freedom to make those choices, but that freedom has real limits, and they are not the ones most people expect.

This guide explains who you can legally cut out of a Colorado will, who you cannot, and how to word your document so your intentions actually hold up.

Colorado Has No Forced Heirship

Colorado is a Uniform Probate Code state, and it does not impose "forced heirship." That means the law does not reserve a fixed slice of your estate for your children the way some countries do. You are free to leave an adult child, a sibling, a parent, or a friend nothing at all, and a properly executed will controls over Colorado's default intestacy rules.

Your will does not have to be typed or witnessed to do this. Under C.R.S. 15-11-502(2), a holographic will (a handwritten will) is valid in Colorado as long as the signature and the material portions are in your own handwriting, with no witnesses required.1 A clear, handwritten statement of who inherits, and who does not, is legally binding.

If you want to disinherit someone, name them and be explicit. Vague silence invites arguments that you simply forgot the person. A line like this leaves no doubt:

"I make no provision in this Will for my son, John A. Smith. This omission is intentional and not the result of accident or mistake."

You Can Disinherit an Adult Child

Colorado gives adult children no automatic right to inherit. If you name a child and clearly state that you are leaving them nothing, that choice will generally be honored. There is no minimum share and no obligation to explain your reasoning.

The main practical risk is a will contest based on claims of undue influence or lack of capacity, not on any "right" to a share. That is exactly why an explicit disinheritance clause matters: it shows the omission was deliberate. To see what happens when there is no valid will at all, and how Colorado's default shares would divide your estate among relatives you might not have chosen, read our guide on dying without a will in Colorado.

You Cannot Fully Disinherit a Spouse

Here is the limit that surprises most people. Colorado is not a community property state, but it does protect a surviving spouse through the elective-share law in C.R.S. 15-11-201 and the sections that follow.

The key limit: A surviving spouse who is left out of your will (or left less than the law allows) can file for an "elective share." The spouse may elect to take a percentage of your "augmented estate," a figure that combines probate and certain non-probate assets. The percentage is tied to the length of the marriage, so the longer you were married, the larger the protected share can grow.2 You simply cannot write a Colorado will that leaves a surviving spouse with nothing if the spouse chooses to claim this right.

The elective share is a right, not an automatic transfer. The surviving spouse has to file for it within the statutory deadline, and if they do nothing, your will controls.2 A spouse can also waive these rights in a valid prenuptial or postnuptial agreement. But you should plan on the assumption that a spouse cannot be cut out entirely against their wishes.

The "Omitted" Spouse and Child Rules

Colorado has a separate set of protections aimed at people who were accidentally left out, usually because life changed after the will was signed.

Omitted spouse

If you signed your will before you got married and never updated it, C.R.S. 15-11-301 protects your new spouse from unintentional disinheritance under that premarital will. The omitted spouse can receive an intestate-style share unless the will shows you meant to exclude them or provided for them another way.3

Omitted (afterborn) child

Under C.R.S. 15-11-302, a child born or adopted after you signed your will, and not provided for in it, may claim a share of your estate.4 The important word is "omitted." These rules protect against accidents, not against deliberate choices. If you intentionally leave out an existing child and say so in writing, that is not an omission, and the statute does not hand them a share.

What Happens If You Do Nothing

If you never make a will, you cannot disinherit anyone, because the state decides for you. Colorado's intestacy statute, C.R.S. 15-11-102, gives your entire estate to a surviving spouse only when all of your descendants are shared with that spouse and the spouse has no other children; otherwise the estate is split between the spouse and your descendants.5 An estranged relative could inherit exactly what you wanted to prevent. A will is the only way to override those defaults.

Putting It Into Practice

To disinherit effectively in Colorado: name the person you are excluding, state that the exclusion is intentional, and remember that a spouse retains the elective-share right no matter what your document says. Keep your will current after any marriage, divorce, or new child so the omitted-spouse and omitted-child rules never apply by surprise.

Once your will is signed, you can deposit it with the district court for safekeeping during your lifetime under C.R.S. 15-11-515, where it stays sealed and confidential until it is needed.6 Whether you live in Denver, Colorado Springs, Boulder, or Aurora, our guided tool walks you through a clear, handwritten Colorado will with the right disinheritance language. Create your Colorado will here.

This article is general information about Colorado law, not legal advice for your specific situation.

Sources

  1. 1C.R.S. 15-11-502 - Execution; witnessed or notarized wills; holographic wills (colorado.public.law)
  2. 2C.R.S. 15-11-202 - Elective-share (surviving spouse, augmented estate) (law.justia.com)
  3. 3C.R.S. 15-11-301 - Entitlement of spouse; premarital will (law.justia.com)
  4. 4C.R.S. 15-11-302 - Omitted children (colorado.public.law)
  5. 5C.R.S. Title 15, Article 11 - Intestate Succession and Wills (incl. 15-11-102) (colorado.public.law)
  6. 6C.R.S. 15-11-515 - Deposit of will with court in testator's lifetime (law.justia.com)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Online Will Colorado. He gathers the rules from the Colorado statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

Your personal draft will in 15 minutes

Answer a few simple questions and get a draft tailored to your situation, instantly as PDF, Word and OpenOffice.

Create your will now

Personalized · Legally sound · Download instantly

Frequently asked questions

Yes, when you finish it correctly. Colorado recognizes the holographic will under C.R.S. Sec. 15-11-502(2). Such a will is valid if the signature and the material portions are in the testator's own handwriting, and no witnesses are required. Our service builds your draft to reflect Colorado succession law, but the document only becomes a valid holographic will once you copy the material portions in your own hand and sign it yourself. A printout that you merely sign does not qualify.

Because that is exactly what Colorado law demands for this route. Under C.R.S. Sec. 15-11-502(2), a holographic will skips the usual witness requirement only if the signature and the material portions are in your own handwriting. A typed or printed page, even with your signature, would not meet that test and could be rejected in probate. We give you a clean, finished draft so the handwriting step is simple: you copy the wording onto paper in your own hand and sign it.

Your children, generally yes. Colorado has no forced heirship, so you are free to decide who inherits and you may leave an adult child out (be clear and specific to reduce disputes). Your spouse is different. Under the elective share rules in C.R.S. Sec. 15-11-201 and following, a surviving spouse who is disinherited can claim a statutory share of the augmented estate, and the percentage grows with the length of the marriage. You cannot fully cut out a spouse against their will, so plan realistically around that right.

Somewhere safe, dry, and findable by the person who will handle your estate. Many people use a home fireproof box or a bank safe deposit box and tell their personal representative where it is. Colorado also lets you deposit your will with the clerk of the district court for safekeeping during your lifetime under C.R.S. Sec. 15-11-515. There is no separate central will registry in the state, so what matters most is that the original can actually be located after your death.

We do not recommend it. A single joint document shared by two people creates problems for a holographic will, because each testator's material portions and signature must be in that person's own handwriting, and a joint will can tie the survivor's hands later. The cleaner approach is two separate mirror wills: each spouse handwrites and signs their own document, with matching terms. Our service walks each of you through your own will so both are individually valid.

Yes, and it is easy to do. In Colorado you can revoke or replace a will at any time while you have capacity. The simplest, safest method is to write a brand new holographic will that is fully in your own handwriting and signed by you, stating that it revokes all prior wills. Avoid crossing out lines or writing notes in the margins of an existing will, since messy edits invite challenges. When life changes (marriage, divorce, a new child, a move), make a fresh will.

No, and we are upfront about that. Our service helps you produce a solid, Colorado-specific draft to copy out by hand, which suits many straightforward estates. It is not legal advice and it does not replace an attorney. If your situation is complex (blended families, business interests, sizable or out-of-state assets, trusts, or possible disputes over the spousal elective share), talk to a Colorado estate planning lawyer before you rely on a handwritten will.

Built for Colorado

Drafts reflect Colorado holographic will rules

Private and secure

SSL encrypted, your data stays private

Real support

Help by email whenever you get stuck

Up to date

Current Colorado law