How probate works in Colorado, step by step
Probate is the court process that settles a person’s estate after they die. In Colorado, as of October 2026, many estates use informal probate, with no hearing. If the person died in 2026 and left only personal property worth $88,000 or less, the family may skip probate. Colorado’s waiting periods keep most cases open at least 6 months.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
- Reading time
- 7 minutes
This guide is general information about Colorado and Arizona law as of . It is not legal advice.
What is probate?
Probate is the court process for settling the estate of someone who has died. Your loved one’s estate is everything they owned, plus their debts.
Probate does three main jobs:
- It confirms the will, if there is one.
- It gives one person legal power to act for the estate. In Colorado, that person is called the personal representative. Many people say “executor.”
- It gives a fair, orderly way to pay bills and pass on what is left.
Probate can be simple, or it can be hard. It depends on what your loved one owned, whether there is a clear will, and whether the family agrees.
Does every estate need probate in Colorado?
No. Many estates need little or no probate.
Some property passes outside probate. It goes straight to a named person. This includes:
- property in a living trust,
- bank and investment accounts with a payable-on-death or transfer-on-death beneficiary,
- life insurance and retirement accounts with a named beneficiary,
- a home with a recorded beneficiary deed (C.R.S. 15-15-401),
- property owned in joint tenancy with right of survivorship.
Small estates may skip probate. A small estate affidavit is a sworn form that lets the right person collect property without a court case. As of October 2026, it works when the estate is only personal property worth $88,000 or less, for a person who died in 2026 (C.R.S. 15-12-1201; JDF 999). You must wait 10 days after the death. The affidavit cannot transfer a house or land. It also cannot be used once a personal representative has been appointed or has applied (JDF 998).
The limit depends on the year of death, and it usually goes up each year. The current court form shows the limit for each year.
Probate is often needed when your loved one owned a home in their name alone, with no beneficiary deed. It may also be needed when the estate is over the small estate limit, or when someone must sign for the estate.
What is the difference between informal and formal probate?
Colorado has two main kinds of probate. Most families who agree on things can use the simpler one.
| Topic | Informal probate | Formal probate |
|---|---|---|
| Who reviews it | A court official called the registrar | A judge |
| Hearing | Usually none | Yes, with notice to interested people |
| Often used when | The will is clear and the family agrees | The will is unclear, missing, or disputed |
| Speed | Usually faster | Usually slower |
Informal probate is handled by filing forms. The registrar checks that the documents are complete and appoints the personal representative. Formal probate involves a hearing and a judge’s orders. Sometimes a court also orders “supervised” administration, where a judge must approve many steps.
What are the steps in Colorado probate?
Every estate is different. But most informal cases follow these steps.
- Find the will and order death certificates. The family looks for the original signed will and orders several certified death certificates. In Colorado, the first copy costs $25. Each extra copy ordered at the same time costs $20 (CDPHE, as of October 2026).
- Choose the right court. The case is filed in the county where your loved one lived (C.R.S. 15-12-201).
- File the application. An application can be filed once 120 hours have passed since the death (Colorado Judicial Branch). The first filing fee for an estate is $229 (Colorado Judicial Branch fee list, as of October 2026).
- Receive letters. When the court appoints the personal representative, it issues letters. Banks and title companies will ask for these.
- Tell the heirs and beneficiaries. The personal representative must send notice within 30 days of appointment (C.R.S. 15-12-705).
- Tell creditors. The personal representative usually publishes a notice in a newspaper once a week for 3 weeks. Creditors then generally have 4 months from the first notice to file claims (C.R.S. 15-12-801). Known creditors get a notice by mail. This is called the creditor claim period.
- Make an inventory. An inventory lists what the estate owns and what it was worth. It is due within 3 months of appointment (C.R.S. 15-12-706). It goes to interested people, not the court.
- Pay valid bills and taxes. The personal representative pays claims, final income taxes, and estate costs from estate money, not their own.
- Distribute what is left. The personal representative gives the property to the people named in the will. If there is no will, Colorado law decides who the heirs are.
- Close the estate. In an informal case, the personal representative can file a closing statement. It cannot be filed sooner than 6 months after appointment (C.R.S. 15-12-1003).
How long does probate take in Colorado?
Colorado law sets some waiting periods. Because of them, most probate estates stay open at least 6 months.
- Creditors generally have 4 months from the first published notice to file claims (C.R.S. 15-12-801).
- An informal estate cannot close by closing statement until 6 months after appointment (C.R.S. 15-12-1003).
Many estates take longer. Selling a house, filing tax returns, finding a missing heir, or a family dispute can all add time.
If no one ever gives notice to creditors, most claims for debts from before the death are still barred 1 year after the death (C.R.S. 15-12-803). Debts secured by property, like a mortgage, can work differently, so ask us about those.
We can give you a better sense of timing once we learn about your loved one’s estate.
Is there a deadline to start probate in Colorado?
Yes. In most cases, probate must start within 3 years of the death (C.R.S. 15-12-108). There are some exceptions.
Starting sooner is usually easier. Bills, mail, and property need care in the meantime. And someone needs legal power to deal with them.
What does probate cost in Colorado?
Costs depend on the estate. Common costs include:
- the court filing fee, which is $229 for the first filing in an estate (as of October 2026),
- certified death certificates and certified copies of letters,
- the newspaper notice to creditors,
- appraisals, if property must be valued,
- fees for the lawyer and the personal representative.
Colorado law says personal representatives and lawyers may receive “reasonable compensation.” There is no set percentage (C.R.S. 15-10-602). Estate costs are paid from the estate.
At your first complimentary consultation, we can explain how fees would work for your situation.
Who can be the personal representative?
The will usually names who should serve. If there is no will, Colorado law sets an order of priority. The personal representative must be at least 21 (JDF 998).
A personal representative is a fiduciary. That means they must act honestly and carefully for everyone with an interest in the estate.
Do you need a lawyer for probate in Colorado?
Not always. Colorado lets people handle probate on their own. But the court says you must follow the same rules as a lawyer. Court staff cannot give legal advice (Colorado Judicial Branch).
Some families handle simple cases themselves. Others want help with deadlines, notices, real estate, taxes, or family conflict.
Which court handles probate in the Denver area?
The court depends on the county where your loved one lived.
- Denver County: Denver Probate Court, 1437 Bannock St., Room 230, Denver.
- Arapahoe County: Arapahoe County District Court (18th Judicial District), Centennial.
- Douglas County: Douglas County District Court (23rd Judicial District), Castle Rock.
- Jefferson County: Jefferson County District Court (1st Judicial District), Golden.
Can probate be avoided?
Often, with planning ahead. A funded living trust, a beneficiary deed, and payable-on-death accounts can keep most property out of probate. Read our guide on how to avoid probate in Colorado.
If the person who died lived in Arizona, what is different?
These rules apply when the person who died lived in Arizona (as of October 2026). Our guide to how probate works in Arizona has the details.
- Higher small estate limits. An affidavit can be used for up to $200,000 in personal property, 30 days after death. A separate affidavit covers Arizona real estate valued at up to $300,000, 6 months after death (A.R.S. 14-3971).
- A shorter deadline to start. Most cases must start within 2 years of death, not 3 (A.R.S. 14-3108).
- Earlier closing. An informal estate can close by sworn statement no sooner than 4 months after appointment (A.R.S. 14-3933).
- A longer outer limit for claims. Most claims for debts from before the death are barred 2 years after the death (A.R.S. 14-3803).
- A different filing fee. The statewide base fee is $191 (Arizona Supreme Court fee schedule).
- Community property. Arizona is a community property state, which can change who owns what (A.R.S. 25-211).
Questions people ask
Does a will avoid probate in Colorado?
No. A will tells the court what the person wanted, but the will itself goes through probate. To skip probate, property needs to be in a living trust, have a named beneficiary, or be small enough for a small estate affidavit.
Can I sell my parent’s house before probate is opened?
Usually not, if the house was in your parent’s name alone. Someone needs legal power to sign the deed. That is often the personal representative, after the court appoints them. If the house had a beneficiary deed or was in a trust, the steps are different.
Am I personally responsible for my parent’s debts?
Debts are generally paid from the estate, not from family members’ own money. The answer can be different if you co-signed, shared the account, or were married to the person, especially in Arizona, a community property state. Please don’t pay bills from your own pocket until you get advice. A lawyer can tell you which bills the estate must pay, and in what order.
What if nobody wants to be personal representative?
The person named in the will can say no. Then someone else on the court’s priority list can apply. If no family member can serve, the court can appoint another person. Talk with us about options.
When should you call a lawyer?
Consider calling us if:
- the home was in your loved one’s name alone,
- you can’t find the original will, or there is more than one,
- a family member disagrees, or may challenge the will,
- your loved one owned property in both Colorado and Arizona,
- there are large debts, a business, or tax questions,
- you were named personal representative and don’t know where to start.
Sources
- Colorado Revised Statutes, Title 15 (2024 official edition): C.R.S. 15-12-108, -201, -705, -706, -801, -803, -1003, -1201; 15-10-602
- Colorado Judicial Branch: Open an estate and court fee list
- Colorado Judicial Branch: JDF 998, small estate instructions and JDF 999, small estate affidavit
- Colorado Department of Public Health and Environment: Vital records
- Arizona Revised Statutes: A.R.S. 14-3108, 14-3803, 14-3933, 14-3971, 25-211
- Arizona Supreme Court: Superior Court filing fees
Request a complimentary consultation
Tell us how to reach you. We’ll call you within one business day to set up your complimentary consultation.
Three short questions.
To request a consultation, call 720-806-2069 or visit kleinestatelaw.com/contact/
This form needs JavaScript
JavaScript is turned off in your browser, so this form cannot send your request. Please call 720-806-2069 (Mon–Thu 9 a.m.–5 p.m., Fri 9 a.m.–3 p.m.) or email paralegal@drklawfirm.com, and we will help you from there.