What is probate in Colorado?

The court process for a decedent's property that does not pass by trust, designation or joint ownership. The custodian of a will lodges it with the court within ten days after learning of the death (C.R.S. §15-11-516), and a personal representative administers the estate, publishing a notice to creditors (§15-12-801).

Is there a small-estate procedure in Colorado?

Yes. Ten or more days after the death, a successor may collect the decedent's personal property by affidavit where the property subject to will or intestacy, less liens, does not exceed twice the amount in C.R.S. §15-11-403 as adjusted for the cost of living, and no personal representative is sought or appointed (§15-12-1201).

How long do creditors have to file claims in a Colorado estate?

Until the date the published notice sets — not earlier than four months after its first publication — or the date a written notice sets, and in any event no more than one year after the death (C.R.S. §§15-12-801, 15-12-803). A revocable trust can answer for allowed claims the probate estate cannot pay (§15-15-103).

Colorado Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — admitting any will, appointing a personal representative, paying valid debts and expenses, and distributing what remains to the heirs or beneficiaries. In Colorado it can proceed informally, by an application to the court's registrar (C.R.S. §15-12-301), or formally, before the court after notice and hearing (§15-12-401). Assets that pass another way (a funded Trust, beneficiary designations, jointly held property) generally skip probate.

The main types of Colorado probate

Informal probate and appointment

An application to the court's registrar, verified by the applicant, asks for the will to be admitted or a personal representative appointed (C.R.S. §15-12-301) — generally within three years after the death. Unless someone asks for supervised administration, the personal representative then administers without continuing court supervision.

Formal proceedings and supervised administration

A formal testacy proceeding is litigation, after notice and hearing, to determine whether the decedent left a valid will (C.R.S. §15-12-401). Supervised administration keeps the whole estate under the court's continuing authority until the court approves distribution and discharges the personal representative (§15-12-501).

Small estates

When the decedent's probate property, less liens, is worth no more than twice the exempt-property amount as adjusted, a successor may collect personal property and debts owed to the decedent by affidavit ten or more days after the death (C.R.S. §15-12-1201); an estate no larger than the allowances and certain expenses may be distributed without notice to creditors (§15-12-1203).

What happens in a Colorado probate

Apply to the registrar for informal probate or appointment, or petition the court for formal proceedings, and have a personal representative appointed (C.R.S. §§15-12-301, 15-12-401).
Within 30 days of appointment, inform the heirs and devisees of the appointment (C.R.S. §15-12-705), and publish a notice to creditors not less than three times, once in each of three successive calendar weeks (§15-12-801).
Within three months of appointment, prepare an inventory of the estate's property at its date-of-death values, and send a copy to interested persons who ask (C.R.S. §15-12-706).
Pay valid claims, taxes and administration expenses — a claim not presented in time is barred, and in any event one year after the death (C.R.S. §15-12-803).
Distribute what remains and close the estate — by the personal representative's sworn closing statement, filed no earlier than six months after appointment or one year after the death, whichever comes first (C.R.S. §15-12-1003).

Can you avoid probate in Colorado?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, joint tenancy the deed declares (C.R.S. §38-31-101) and a beneficiary deed recorded during life (§15-15-402) generally pass outside probate. What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a Colorado attorney can advise on your estate.

General information about Colorado law, not legal advice.

Frequently asked questions

What is probate in Colorado?: The court process for a decedent's property that does not pass by trust, designation or joint ownership. The custodian of a will lodges it with the court within ten days after learning of the death (C.R.S. §15-11-516), and a personal representative administers the estate, publishing a notice to creditors (§15-12-801).
Is there a small-estate procedure in Colorado?: Yes. Ten or more days after the death, a successor may collect the decedent's personal property by affidavit where the property subject to will or intestacy, less liens, does not exceed twice the amount in C.R.S. §15-11-403 as adjusted for the cost of living, and no personal representative is sought or appointed (§15-12-1201).
How long do creditors have to file claims in a Colorado estate?: Until the date the published notice sets — not earlier than four months after its first publication — or the date a written notice sets, and in any event no more than one year after the death (C.R.S. §§15-12-801, 15-12-803). A revocable trust can answer for allowed claims the probate estate cannot pay (§15-15-103).

General information about Colorado law, not legal advice.