Understanding the Colorado Probate Process: A Step-by-Step Guide

When a loved one passes away, their money, property, and personal belongings must be gathered, debts must be paid, and what remains distributed to the right people. In Colorado, that legal pathway is the Colorado probate process —and knowing the timeline, steps, and filing requirements can make a hard moment a little easier.

Below is a walkthrough from start to finish, including when probate is required, how long it can take, and what you’ll need to file in Colorado courts.

When is probate required in Colorado?

Probate is generally required when the decedent owned assets solely in their name (no joint owner and no beneficiary listed) or owned real estate in their name at death. Some assets do not require probate—like accounts with designated beneficiaries or jointly-owned property that passes automatically to the survivor. Modestly-sized estates may also qualify for a less time-consuming alternative process using a Small Estate Affidavit (details below).

 

Examples when probate is required:

• A house titled only in the decedent’s name (no joint owner).
  
  
• Bank or brokerage accounts without payable-on-death beneficiaries that are held solely by the decedent.
  
  
• Personal property (vehicles, valuables) where the total estate value exceeds the small-estate limit.
  
  

Examples that may avoid probate:

• Accounts with Pay-on-Death/Transfer-on-Death ( POD/TOD) beneficiaries or life insurance with named beneficiaries.
  
  
• Property held in joint tenancy (it passes to the surviving joint tenant).
  
  
• Modest estates under Colorado’s threshold ( e.g. , $86,000 for deaths in 2025) with no real property may use the small-estate affidavit instead of court probate.

How long does the Colorado probate process take?

Most informal, uncontested Colorado probates take about 6–12+ months . Contested or complex matters (formal probate, litigation, hard-to-value assets) can take 12–18+ months . Factors that add time include family disputes, missing documents, difficult asset valuations, and back-and-forth with creditors.

 

Filing probate in Colorado: what you need and where to file

You typically file in the District (Probate) Court of the county where the decedent lived at the time of death. To open the case, you’ll submit a petition and related forms (informal or formal, depending on eligibility), and request appointment of a Personal Representative (PR, sometimes called an executor). Once appointed, the court issues Letters Testamentary (with a will) or Letters of Administration (without a will) authorizing the PR to act for the estate.

Common items that are necessary as part of the probate proceeding:

• Original will (if any).
  
  
• Certified death certificate .
  
  
• Petition for informal or formal probate and appointment of PR.
  
  
• Proposed Letters for the PR.
  
  
• Basic heir/beneficiary list and last known addresses.
  
  
• A preliminary list of known assets and creditors .
  
  

Small Estate Affidavit (no court case) : If the estate’s net personal property value is under the statutory threshold ( e.g. , $86,000 in 2025) and there’s no real estate , heirs can often collect assets using Colorado’s small-estate affidavit without filing probate —generally available 10+ days after death, using Colorado form JDF 999 with the financial institution. This process still requires careful compliance and may carry liability, so legal guidance is wise.

 

The 7 core steps of the Colorado probate process

1) File the probate case

Petition the correct Colorado court to open probate and appoint the Personal Representative. If everything is in order ( e.g. , valid will, no expected disputes), the case may qualify for informal probate; otherwise, it proceeds formally with more court oversight.

 

2) Appoint of the Personal Representative

The court (or registrar, in informal cases) appoints the PR and issues Letters authorizing them to act on behalf of the estate—open an estate account, marshal assets, and handle administration tasks.

 

3) Notify heirs, devisees, and creditors

The PR must give required notices to heirs and beneficiaries and publish creditor notice , starting the creditor claim period often about 4 months ). Proper notice is critical to cutting off late claims and moving the estate forward.

 

4) Generate Inventory and Determine Value of Assets

The PR identifies, gathers, and values the decedent’s assets (bank accounts, investments, real estate, vehicles, personal property, etc.). Appraisals may be needed for unique or hard-to-value items.

 

5) Pay valid debts, expenses, and taxes

From the estate account, the PR pays allowable creditor claims , funeral expenses, administration costs, and final tax returns . Claims can be allowed or disallowed; disputes sometimes require court involvement.

 

6) Distribute remaining assets

After debts and expenses are handled, the PR distributes estate assets per the will or, if no will, under Colorado intestacy rules (who inherits when there’s no will).

 

7) Close the estate

The PR files the appropriate closing statements or a final accounting and requests to close the estate with the court, ending the PR’s authority once all obligations are satisfied.

 

Informal vs. formal probate in Colorado (what’s the difference?)

• Informal probate is common for straightforward cases (valid will, cooperative family, no expected disputes). It involves less court oversight ; the PR can often be appointed without a prior hearing, with notices sent after appointment.
  
  
• Formal probate is used when there are contests, uncertainties, or complexities ( e.g. , questions about the will’s validity, unclear heirs). It requires notices before appointment , possible hearings, and closer court supervision. Formal cases often take longer and can be more costly due to added steps.

Do you need a probate lawyer?

Colorado doesn’t require families to hire an attorney, but an experienced Denver probate lawyer can prevent costly mistakes, keep the timeline on track, and handle complexities like creditor disputes, tax issues, or family conflict—especially if the matter becomes formal or contested.

 

Quick reference: when the Small Estate Affidavit may be appropriate

• Total personal property under the statutory threshold (e.g., $86,000 for 2025).
  
  
• No real property in the estate.
  
  
• At least 10 days have passed since death, and the successor is entitled to collect.
  
  
• Heirs understand the affidavit’s responsibilities and potential liabilities .
  Even when things seem straightforward and simple, it is always a good idea to consult with a lawyer to determine whether the affidavit is appropriate or if opening probate is safer.
  
  

Final thoughts & next steps

The Colorado probate process is manageable with the right roadmap—and the right help. Whether you’re just starting to gather documents or you’re facing a complicated estate or dispute, guidance from a local, family-owned firm can save you time, stress, and money.

Need help now? Contact our Denver probate attorney for a free consultation. We’ll review your situation, outline the best path forward, and handle as much of the process as you want us to—so you can focus on your family.