Colorado Statewide Probate Guide

Settling an estate after a loss is never easy. This guide covers what’s consistent across all of Colorado – thresholds, deadlines, and costs. For your specific county’s District Court address and local filing details, see that county’s page.

Where Probate Happens

Colorado probate is filed in the District Court (Probate Division) of the county where the deceased lived. Colorado adopted the Uniform Probate Code, which creates a more flexible, less court-intensive process than states with older probate systems.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Colorado Revised Statutes § 15-12-1201 sets the small estate threshold, which adjusts annually for inflation – the 2026 figure is $86,000, up from $82,000 in 2024. Always confirm the exact current-year figure, since it changes every year (unlike many states that adjust every few years).

Small Estate Affidavit (Form JDF 999 – “Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding”)

Applies only to personal property – the estate must not include any real property in the decedent’s sole name.
Total fair market value of personal property must be at or under the current year’s threshold ($86,000 for 2026).
Only 10 days must have passed since the death – one of the shortest waiting periods in the country.
No probate proceeding can already be filed or pending.
The person filing (the “successor”) must be legally entitled to the property under the will or Colorado’s intestacy laws.
The affidavit is presented directly to whoever holds the asset – a bank, insurance company, or brokerage – which is required to release the property upon receiving a valid affidavit.
For motor vehicles specifically, use Colorado DMV Form DR 2712 instead.
Important: the person who signs the affidavit becomes personally liable for the estate’s debts and claims, up to the value of the property they received – this isn’t a way to avoid creditor obligations, just a faster transfer mechanism.

STEP 2: FORMAL/INFORMAL PROBATE (for estates with real property or above the threshold) Colorado’s Uniform Probate Code framework offers two main tracks:

Informal Probate – handled by a court Registrar with minimal judicial involvement. The personal representative is appointed quickly, then manages the estate independently: inventorying assets, notifying creditors, paying debts, and distributing property. No final court accounting is required in informal proceedings, making this one of the least court-intensive probate processes in the country.
Formal Probate – requires court orders and judicial supervision throughout; used for contested matters, disputes over the will’s validity, or disagreements over who should serve as personal representative.

Creditor Claims

The standard creditor claim period runs 4 months from the date notice is published, which sets the practical floor for how quickly a formal or informal (non-affidavit) estate can close.

Timeline

Small estate affidavits can move in as little as 10 days to a few weeks. Informal and formal probate more commonly take 6-12 months, depending on complexity and whether the estate is contested.

Costs

There’s no strict statutory filing deadline in Colorado, but delays can complicate matters with creditors and beneficiaries. Court filing fees and any professional fees vary; check with the relevant county District Court for current fee schedules. Full probate typically runs from a few thousand dollars for simple estates up into five figures for complex or contested ones.

Taxes

Colorado has no state estate tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s District Court address, phone number, and local filing details, visit that county’s page.