Understanding the Probate Process in Colorado: A Step-by-Step Guide
Lewis Osterman

When a loved one passes away, navigating the legal process of distributing their estate can feel overwhelming. Colorado has its own unique probate procedures. This guide will help you understand how probate works in Colorado, when it’s required, and how Lewis Osterman in Denver can assist you through it.

📜 What Is Probate in Colorado?

Probate is the legal process to:

  • Validate a will

  • Appoint a personal representative (executor)

  • Pay debts

  • Distribute assets

Colorado offers three types of probate:

  1. Small Estate Affidavit: For estates under $80,000 with no real property.

  2. Informal Probate: Used when there’s a valid will and no disputes.

  3. Formal Probate: Used when there are questions about the will or potential family conflicts.

🧭 Step-by-Step Guide to Colorado Probate

1. File the Probate Application

The personal representative files a petition with the Colorado District Court in the county where the deceased lived.

2. Appointment of Personal Representative

Once approved, the court issues Letters Testamentary or Letters of Administration, giving authority to manage the estate.

3. Notify Creditors and Heirs

Colorado law requires formal notice to be given to heirs, beneficiaries, and known creditors. A notice must also be published in a local newspaper for unknown creditors.

4. Inventory and Value the Estate

You must gather and list all assets including real estate, financial accounts, and personal property.

5. Pay Debts and Taxes

The personal representative must settle any debts, taxes, and expenses, including a final income tax return.

6. Distribute Assets

Once obligations are met, the remaining estate is distributed according to the will or intestacy laws.

7. Close the Estate

A final accounting is submitted to the court, and the estate can be formally closed.

⏱️ How Long Does Colorado Probate Take?

Most informal probate cases in Colorado take between 6 to 12 months. Formal cases or contested estates may take longer.

👨‍⚖️ When Do You Need a Probate Attorney?

  • The estate involves real estate

  • The will is disputed or unclear

  • There are blended family dynamics

  • There’s a missing will or no will

  • The estate exceeds $80,000 in value

Don’t Navigate Probate Alone
Whether you're an executor or a beneficiary, Lewis Osterman can guide you through Colorado’s probate process with clarity and compassion. Contact his Denver office today for a free consultation.