Colorado Probate Guide
If you've just lost someone and are facing the Colorado probate process — this guide walks you through what it costs, how long it takes, the exact filings Colorado requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$86,000
Collection of Personal Property by Affidavit
Court
District Court — Probate Division (Denver Probate Court for Denver County)
Filing fee: $199–$229
Executor Commission
Reasonable fee
~$25,000 on a $1M estate
Probate is required when the decedent owned solely-titled real property or personal property over the small-estate cap. Assets passing outside probate include joint tenancy with right of survivorship, POD/TOD accounts, Colorado Beneficiary Deeds for real estate (C.R.S. § 15-15-401 et seq.), and trust assets.
Colorado is a Uniform Probate Code state with informal, unsupervised formal, and supervised formal tracks. Most informal probates close in 6–12 months; the creditor claim period is one year by default but reduces to four months from first publication if proper notice is given to known creditors.
Colorado's Collection of Personal Property by Affidavit allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Last published figure (2025; 2026 modestly higher after annual adjustment) | $86,000 |
| 2024 threshold | $80,000 |
Under C.R.S. § 15-12-1201, an estate containing only personal property (no real estate) and valued at or below the inflation-adjusted threshold may be collected by affidavit 10 days after death. The cap is recalibrated annually; $86,000 was the last published figure and the 2026 adjustment is modestly upward.
Colorado requires 'reasonable compensation' under C.R.S. § 15-12-721 and § 15-10-602 without prescribed percentages. Reasonableness is determined by reference to time, complexity, results, and local norms.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees are negotiated, typically hourly, and subject to review for reasonableness under C.R.S. § 15-10-602. There is no statutory fee schedule.
Multiple co-executors:
Co-personal representatives each receive reasonable compensation for services rendered, subject to a global reasonableness check.
Statute: C.R.S. § 15-12-721; § 15-10-602
Bond is generally not required in informal proceedings unless the will requires it or an interested person demands it; the court has broad discretion in formal/supervised cases.
Statute: C.R.S. § 15-12-603
Colorado has no state estate tax or inheritance tax (repealed effective December 31, 2004). Only the federal estate tax applies, with a 2026 exemption of $15 million per individual / $30 million per married couple under the One Big Beautiful Bill Act.
Colorado is a separate-property (not community-property) state. A disinherited surviving spouse may claim an elective share — a sliding-scale percentage of the augmented estate based on length of marriage — under C.R.S. § 15-11-202, plus homestead, exempt property and family allowances. The election must be filed within 9 months of death or 6 months after will probate, whichever is later.
Health First Colorado (Medicaid) recovers benefits paid to recipients age 55 or older for nursing facility, home- and community-based services, and related care, from the recipient's probate estate under C.R.S. § 25.5-4-302. Hardship waivers are available and recovery is limited to probate assets.
The full Colorado executor checklist has 23 milestones: 10 specific to Colorado law (shown below — filings, forms, and court interactions tied to Colorado statutes) and 13 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Colorado Department of Public Health and Environment, Vital Records Section. These are required by the district court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. Colorado has adopted the Uniform Probate Code (CRS Title 15, Article 10 through 17), providing flexible and efficient probate procedures. Colorado recognizes holographic wills if the material provisions and signature are in the testator's handwriting.
Determine administration type and file petition
Colorado's UPC-based system offers informal probate (handled by the registrar without a hearing), formal probate (requires a court hearing), and supervised administration. Qualifying small estates (see the small-estate threshold above) may use a simplified collection by affidavit procedure under CRS 15-12-1201. File the appropriate application with the district court in the county where the decedent resided.
Receive Letters Testamentary or Letters of Administration
After appointment by the registrar or court, Letters are issued to the personal representative. Under informal proceedings, Letters may be issued without a hearing. The personal representative must accept appointment and may be required to post a bond. Obtain multiple certified copies for financial institutions.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account. Colorado's UPC framework grants the personal representative broad authority under informal administration.
File final personal income tax return (Form 1040 and Colorado Form 104)
File the decedent's final federal income tax return (Form 1040) and Colorado individual income tax return (Form 104) for the period from January 1 through the date of death. Colorado imposes a flat state income tax. A surviving spouse may file jointly for the year of death.
File estate income tax return (Form 1041 and Colorado Form 105) if applicable
If the estate earns more than $600 in gross income during the administration period, file federal Form 1041 and Colorado Fiduciary Income Tax Return (Form 105). The estate is a separate taxpayer from the date of death.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Colorado does not impose a separate state estate or inheritance tax. Form 706 may be filed for portability of the deceased spouse's unused exclusion amount.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or Colorado intestacy law (CRS 15-11-102). Colorado provides the surviving spouse a homestead allowance, family allowance, and exempt property right. Obtain signed receipts from all beneficiaries.
File closing statement or petition for court order
Under informal proceedings, the personal representative may close the estate by filing a verified Closing Statement under CRS 15-12-1003 after all obligations are met. Under supervised administration, a petition for final distribution and discharge must be filed with the court. Send copies of the closing statement to all interested persons.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation in the county where the estate is administered, once a week for three consecutive weeks, as required by CRS 15-12-801. Creditors have four months from the date of first publication to present their claims. Also mail notice to all known creditors.
Notify financial institutions
Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations for all accounts and begin marshaling estate assets.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
File inventory of estate assets
Prepare and file an inventory of all estate assets within three months of appointment. The inventory must list all real and personal property with date-of-death fair market values. Under CRS 15-12-706, send a copy of the inventory to all interested persons. Engage appraisers for real property and business interests.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
Review and pay valid creditor claims
Evaluate all claims presented within the four-month creditor period. Allow or disallow each claim under CRS 15-12-806. Pay valid claims from estate funds in the statutory order of priority: costs of administration, funeral expenses, debts with preference under federal law, medical expenses of the last illness, and all other claims.
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
Close the estate bank account
After all distributions are complete and the estate has been formally closed, close the estate bank account. Confirm all checks have cleared and the balance is zero. Retain all financial records for at least five years for potential tax audits.
Out-of-state decedents owning Colorado real property require ancillary probate in the District Court (or Denver Probate Court) for the county where the property is located, using authenticated copies of foreign letters.
Informal probates typically run 6 to 12 months. The creditor claim period is one year from death by default, but can be shortened to four months from first publication of notice to creditors with proper individual notice to known creditors.
Informal probate filing fees are about $199 (some counties charge up to $229). Personal representative and attorney fees are 'reasonable' rather than statutory percentages — typically totaling 2–5% of the estate.
$86,000 in personal property under the 2025 inflation-adjusted threshold (C.R.S. § 15-12-1201) — adjusts upward modestly in 2026. The estate must contain no real property, and the affidavit may be used 10 days after death.
Attorneys are not required for informal probate, and many simple estates proceed pro se. Counsel is strongly recommended for formal/supervised proceedings, contested wills, or estates with real property.
Yes — revocable living trusts, joint tenancy with right of survivorship, POD/TOD accounts, and Colorado Beneficiary Deeds (C.R.S. § 15-15-401) for real estate all bypass probate.
Colorado has no specific custodian-delivery day-count, but a probate proceeding generally must be commenced within three years of death (C.R.S. § 15-12-108). After that, the estate passes by intestate succession even if a valid will exists.
No. Colorado repealed its state estate tax effective December 31, 2004. Only the federal estate tax applies, with a 2026 exemption of $15 million per individual / $30 million per married couple.
Yes — Colorado calls them 'Beneficiary Deeds' (C.R.S. § 15-15-401). They must be signed, notarized, and recorded with the county clerk and recorder before the owner's death.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Colorado probate attorney.