Colorado estate and probate law: the key rules

These are the Colorado rules people ask about most. Each one links to the law, so you can read it yourself.

What makes a will valid in Colorado?

You must be 18 or older and of sound mind (C.R.S. 15-11-501). The will must be in writing and signed by you. It must also be signed by 2 witnesses or acknowledged before a notary (C.R.S. 15-11-502). Our guide to Colorado will requirements covers handwritten wills, witnesses, and wills from other states.

When can a family skip probate in Colorado?

When everything passes outside probate, or the estate is small. Property in a funded living trust, with a named beneficiary, or with a recorded beneficiary deed passes without probate. If the person died in 2026 and left only personal property worth $88,000 or less, the family may use a small estate affidavit 10 days after the death. It cannot transfer a house or land (C.R.S. 15-12-1201; JDF 999). Our guide to small estate affidavits explains how it works.

How does a beneficiary deed work in Colorado?

A beneficiary deed passes your home to the person you name when you die, without probate. It works only if you sign it and record it with the county before you die. You keep full control of the home while you’re alive. The person you name doesn’t need to agree or be told. A will cannot undo it. Only a new recorded document can (C.R.S. 15-15-401 to -413).

Two things to know. If you apply for Medicaid while a Colorado beneficiary deed is in effect, you’re still treated as owning the home, and it counts as your resource (C.R.S. 15-15-403). And some claims against the owner can still reach the home for a time after the death (C.R.S. 15-15-411). Read how to avoid probate in Colorado.

Is Colorado a community property state?

No. Colorado is not a community property state. But since July 1, 2023, a Colorado law covers couples who bring community property from another state, like Arizona. When a Colorado resident dies, half of that property belongs to the surviving spouse (C.R.S. 15-20-106). See homes in Colorado and Arizona.

What are the main deadlines in Colorado probate?

Most probate cases must start within 3 years of the death (C.R.S. 15-12-108). Most claims for debts from before the death are barred 1 year after the death (C.R.S. 15-12-803). An informal case can’t close by sworn statement until 6 months after the personal representative is appointed (C.R.S. 15-12-1003). Our guide on how probate works in Colorado walks through each step.

What does a power of attorney need in Colorado?

A financial power of attorney must be signed by you. If you sign it before a notary, your signature is presumed genuine (C.R.S. 15-14-705). It keeps working if you can no longer decide, unless it says otherwise (C.R.S. 15-14-704).

For health care, Colorado uses a medical durable power of attorney (C.R.S. 15-14-506). A living will is signed before 2 witnesses or a notary (C.R.S. 15-18-106). Read more about powers of attorney.

Who inherits if there is no will in Colorado?

State law decides. If all of a married person’s children and grandchildren are also the spouse’s, and the spouse has no others, the spouse takes the whole estate (C.R.S. 15-11-102). In other cases, the spouse shares with descendants or parents, or other relatives inherit (C.R.S. 15-11-103). Our guide on dying without a will in Colorado explains the shares.

What are Colorado’s long-term care Medicaid rules?

Colorado’s Medicaid program is called Health First Colorado. For 2026, the income limit for long-term care Medicaid is $2,982 a month for one person. If income is over this limit, there may still be options, so please ask before deciding you don’t qualify. The home equity limit is $1,130,000 (HCPF Operational Memo 25-073).

Medicaid looks back 60 months at gifts and transfers (42 U.S.C. 1396p). After a death, Health First Colorado seeks repayment from the estates of members who were 55 or older or lived in a nursing facility (Health First Colorado). That is called estate recovery. See our elder law page.