How long does probate take in Colorado?

Most informal probate cases take 6 to 12 months. All Colorado probate cases must remain open for at least 6 months to allow the creditor claim period to run. Formal unsupervised probate typically takes 9 to 18 months. Contested formal probate can take 1 to 2 years or more. Small estate affidavits can be used as soon as 10 days after death.

How much does it cost to probate an estate in Colorado?

The court filing fee for both informal and formal probate is $199. The small estate affidavit (JDF 999) has no filing fee since it does not need to be filed with a court. Attorney fees typically range from $3,500 to $5,000 for informal probate and $5,000 to $15,000 or more for formal probate.

What is the small estate threshold in Colorado?

Colorado's small estate affidavit is available when the total personal property in the estate is valued at $86,000 or less (2025 threshold, adjusted annually for inflation). The estate must not include real property. You must wait at least 10 days after death to use this process, and no probate case can be pending.

Does Colorado have a state estate tax?

No. Colorado does not impose a state estate tax or inheritance tax. Only the federal estate tax applies, which currently affects estates exceeding approximately $13.99 million (2025). This makes Colorado one of the more tax-friendly states for estate administration.

What is the difference between informal and formal probate in Colorado?

Informal probate is handled by the probate registrar without a court hearing and is used for uncontested estates. Formal probate requires court hearings before a judge and is used when disputes exist, the will is contested, or the court's supervision is needed. Both have the same $199 filing fee.

How long do creditors have to file claims in Colorado?

Creditors must file claims within 4 months of the date of first publication of the Notice to Creditors, or within one year of the date of death, whichever occurs first. Known creditors who receive written notice have the later of the published deadline or 60 days from the date of the mailing to file.

Can I transfer real property with a small estate affidavit in Colorado?

No. Colorado's small estate affidavit (JDF 999) only applies to personal property. Real property — including homes, land, and other real estate — must be transferred through a probate proceeding or must have been placed in a trust during the decedent's lifetime.

Is Colorado a UPC state?

Yes. Colorado adopted the Uniform Probate Code (UPC), which standardizes and streamlines probate procedures. The UPC allows for informal probate through a registrar rather than a judge, reduces mandatory court involvement, and provides flexible options for personal representatives.

Colorado Probate Guide: Process, Costs & Timeline (2026)

Overview

Colorado adopted the Uniform Probate Code (UPC), making its probate system one of the more streamlined in the country. Probate cases are handled by the district courts in each county, with a dedicated probate division in most jurisdictions.

Colorado offers three main probate tracks:

Small Estate Affidavit — for estates with personal property valued at $86,000 or less (adjusted annually for inflation) and no real property, no court filing required
Informal Probate — the most common track for uncontested estates, handled with minimal court involvement through the probate registrar
Formal Probate — court-supervised proceedings required when disputes arise, the will is contested, or other complexities demand judicial oversight

Within formal probate, Colorado distinguishes between unsupervised and supervised administration. In unsupervised formal probate, the court makes initial rulings but the personal representative then administers the estate independently. Supervised formal probate involves ongoing court oversight of each step.

Colorado does not impose a state estate tax or inheritance tax, which eliminates a significant administrative burden for most families. Only the federal estate tax applies for very large estates.

When Probate is Required

Probate is required in Colorado when a decedent owned assets in their sole name that do not transfer automatically at death. Common examples include:

Real property titled solely in the decedent's name or as tenants in common
Bank accounts and investments without payable-on-death (POD) or transfer-on-death (TOD) designations
Vehicles and titled personal property in the decedent's sole name
Business interests held individually
Personal property exceeding the small estate threshold

Probate is generally not required for:

Joint tenancy property — passes automatically to the surviving joint tenant(s)
Beneficiary-designated assets — life insurance, retirement accounts, POD/TOD accounts
Property held in a revocable living trust
Community property with right of survivorship (Colorado enacted the Uniform Community Property Rights at Death Act)
Small personal estates valued at $86,000 or less with no real property — these can be handled with a small estate affidavit

Colorado's UPC framework and small estate affidavit make it possible to avoid full probate proceedings in many cases. However, real property always requires either probate or a trust to transfer title after death.

Small Estate Options

Colorado provides a small estate affidavit process (Form JDF 999) that allows heirs to collect personal property without opening a probate case.

Eligibility requirements:

The total fair market value of all personal property in the estate must be $86,000 or less (2025 threshold; adjusted annually for inflation under C.R.S. 15-12-1201)
The estate must not include any real property (land or buildings)
At least 10 days must have passed since the decedent's death
No probate proceeding has been filed or is pending in Colorado

How the process works:

The heir or beneficiary completes Form JDF 999 (Collection of Personal Property by Affidavit)
The affidavit is notarized but does not need to be filed with any court
The completed affidavit is presented directly to banks, financial institutions, employers, or others holding the decedent's property
The institution must release the property to the affiant upon receiving the valid affidavit
For motor vehicles, use Form DR 2712 (Affidavit for Collection of Personal Property) through the Colorado DMV

Important limitations:

This process does not transfer real property — a probate case or trust is needed for real estate
The affiant becomes personally liable for any claims or debts of the estate up to the value of property received
If there are multiple heirs, all should ideally be listed on or consent to the affidavit
The small estate threshold is adjusted annually, so verify the current amount for the year of death

Step-by-Step Process

1. Determine the appropriate probate track

Assess the estate's assets, value, and circumstances to determine whether you can use a small estate affidavit, informal probate, or formal probate. Most uncontested Colorado estates use informal probate.

2. File the application or petition

For informal probate with a will, file Form JDF 910 (Application for Informal Probate of Will and Appointment of Personal Representative) with the district court in the county where the decedent was domiciled. For informal probate without a will, use Form JDF 908. The filing fee is $199.

For formal probate, file Form JDF 920 (Petition for Formal Probate of Will) or the intestate equivalent. The filing fee is also $199.

3. Appointment of personal representative

In informal probate, the probate registrar reviews the application and issues a Statement of Informal Probate and Letters appointing the personal representative. No court hearing is required.

In formal probate, the court schedules a hearing, and a judge issues the appointment order.

4. Accept appointment

File Form JDF 911 (Acceptance of Appointment) to formally accept the role and its fiduciary duties.

5. Publish notice to creditors

Publish a Notice to Creditors (Form JDF 943) in a newspaper in the county where the estate is being administered. The notice must be published at least once per week for three successive weeks. Creditors have 4 months from the date of first publication to present claims.

6. Notify known creditors

Mail or deliver written notice to all known creditors. Known creditors then have the later of the published deadline or 60 days from the mailing to present claims.

7. Collect and inventory assets

Gather all estate assets and prepare a comprehensive inventory. While Colorado does not require a formal inventory filing in informal probate, maintaining one is essential for proper administration and accounting.

8. Pay debts, claims, and taxes

Review and pay valid creditor claims in priority order. File the decedent's final income tax returns. Colorado has no state estate tax, so only the federal estate tax applies for qualifying estates.

9. File the Closing Statement or Petition for Final Settlement

For informal probate, file Form JDF 965 (Verified Statement of Closing) after all debts are paid and assets distributed. For formal probate, file a Petition for Final Settlement, which requires a court hearing.

10. Distribute assets to beneficiaries

Distribute remaining assets according to the will or Colorado's intestacy laws. Obtain receipts from beneficiaries. File Form JDF 730 (Decree of Final Discharge) in formal proceedings.

Timeline & Costs

Typical timeline:

Small estate affidavit: A few weeks to 2 months (available 10 days after death)
Informal probate: 6 to 12 months minimum (must remain open at least 6 months)
Formal unsupervised: 9 to 18 months
Formal supervised: 12 to 24+ months

All probate cases — both informal and formal — must remain open for a minimum of 6 months to allow the creditor claim period to run.

Court filing fees:

Small estate affidavit (JDF 999): $0 (no court filing required), or $83 if filed with the court
Informal probate: $199
Formal probate: $199
Filing fee waiver available for those who qualify (Forms JDF 205/206)

Personal representative compensation:

Colorado allows reasonable compensation for the personal representative. There is no statutory percentage; compensation is typically based on the complexity and time involved, often 1.5% to 3% of the estate value for routine estates.

Attorney fees:

Colorado probate attorneys typically charge between $3,500 and $5,000 for straightforward informal probate, and $5,000 to $15,000+ for formal or contested proceedings. Most charge hourly rates of $250 to $450 per hour.

Additional costs:

Newspaper publication of creditor notice: $50 to $200
Certified copies of Letters: $20 to $30 per copy
Appraisal fees: varies by asset type
Title transfer recording fees: varies by county

Required Forms

Colorado probate forms are designated with "JDF" (Judicial Department Form) prefixes and are available from the Colorado Judicial Branch website. Key forms include:

Starting the case:

JDF 907 — Instructions for Probate Without a Will
JDF 908 — Application for Informal Appointment of Personal Representative (intestate)
JDF 910 — Application for Informal Probate of Will and Appointment of Personal Representative
JDF 920 — Petition for Formal Probate of Will and Appointment of Personal Representative
JDF 911 — Acceptance of Appointment as Personal Representative

Letters of authority:

JDF 915 — Letters of Administration (intestate)
JDF 916 — Letters Testamentary (testate)

Creditor notices:

JDF 943 — Notice to Creditors by Publication
JDF 940 — Information of Appointment (sent to interested persons)

Small estate:

JDF 999 — Affidavit for Collection of Personal Property (small estate affidavit)
DR 2712 — Affidavit for Collection of Personal Property (DMV vehicle transfer)

Closing:

JDF 965 — Verified Statement of Closing (informal probate)
JDF 730 — Decree of Final Discharge (formal probate)
JDF 923 — Order (various court orders during administration)

Executor Duties

In Colorado, the estate administrator is called the personal representative — whether named in a will or appointed by the court. Their fiduciary duties include:

Immediate responsibilities:

File the will with the district court in the county of the decedent's domicile
Apply for appointment as personal representative (or petition in formal proceedings)
File the Acceptance of Appointment (Form JDF 911)
Obtain Letters Testamentary or Letters of Administration — the official authority to act for the estate
Secure and protect all estate assets from loss, damage, or waste

Administrative duties:

Open an estate bank account for all financial transactions
Notify the Social Security Administration, employers, pension plans, and insurance companies
Publish the Notice to Creditors in a local newspaper for three consecutive weeks
Mail written notice to all known creditors
Manage the decedent's ongoing obligations (mortgage, utilities, insurance)
Maintain detailed records of all transactions

Financial obligations:

Collect and inventory all estate assets
Obtain appraisals for real property, business interests, and other assets requiring valuation
File the decedent's final federal and Colorado state income tax returns
File a federal estate tax return if the estate exceeds the federal exemption threshold
Review and pay valid creditor claims in statutory priority order
Pay estate administration expenses (court fees, attorney fees, publication costs)

Distribution and closing:

Distribute assets to beneficiaries according to the will or Colorado intestacy laws
Obtain signed receipts from each beneficiary for property distributed
File the Verified Statement of Closing (informal) or Petition for Final Settlement (formal)
Account for all assets received, disbursements made, and property distributed
The personal representative remains liable until the estate is formally closed

Unique State Rules

Uniform Probate Code state

Colorado is one of approximately 18 states that have adopted the Uniform Probate Code (UPC) in substantial form. This means Colorado's probate procedures are standardized, well-documented, and generally considered more efficient than non-UPC states. The UPC emphasizes informal proceedings, reduced court involvement, and flexibility for personal representatives.

No state estate tax or inheritance tax

Colorado does not impose a state estate tax or inheritance tax. This is a significant advantage, as many neighboring states do levy these taxes. Only the federal estate tax applies, currently affecting estates exceeding $13.99 million (2025 threshold). This means the vast majority of Colorado estates have no state-level death tax obligations.

Inflation-adjusted small estate threshold

Colorado's small estate affidavit threshold is adjusted annually for inflation under C.R.S. 15-12-1201. The 2025 threshold is approximately $86,000. This automatic adjustment keeps the small estate option relevant as property values increase, unlike states with fixed statutory thresholds.

Real property always requires probate or a trust

Even small estates cannot transfer real property through the affidavit process. Any real estate owned solely by the decedent requires either a probate proceeding or must have been placed in a trust during the decedent's lifetime. This is an important planning consideration for Colorado homeowners.

Minimum 6-month open period

Colorado requires all probate cases — both informal and formal — to remain open for a minimum of 6 months. This ensures the creditor claim period (4 months from first publication) has time to run before the estate can be closed.

Informal probate through the registrar

In informal probate, the application is reviewed by the probate registrar (a court official), not a judge. If the application is in order, the registrar issues the appointment without a hearing. This makes informal probate significantly faster and less expensive than formal proceedings.

Self-help resources

The Colorado Judicial Branch provides extensive self-help resources, including step-by-step instructions, form packets organized by probate type, and a Legal Help Center. Colorado is one of the most accessible states for self-represented personal representatives.

Augmented estate and elective share

Colorado provides a surviving spouse with an elective share of the augmented estate. The elective share is 50% of the marital-property portion of the augmented estate, providing protection against disinheritance.

How SwiftProbate Helps

Colorado's UPC-based system is efficient, but navigating the forms, deadlines, and procedures still takes effort — especially when you are managing an estate while grieving. SwiftProbate generates a tailored roadmap for your specific Colorado estate.

What SwiftProbate does for Colorado estates:

Determines the right track — evaluates whether your estate qualifies for the small estate affidavit (JDF 999), informal probate, or formal probate based on asset types, values, and circumstances
Identifies the correct forms — maps your situation to the specific JDF forms you need, from application through closing
Generates Colorado-specific deadlines — including the 4-month creditor claim period, 6-month minimum open period, and filing timelines
Creates asset-specific task lists — with steps for transferring real property through probate, collecting personal property via affidavit, closing financial accounts, and retitling vehicles through the Colorado DMV
Confirms no state tax obligations — verifies that no Colorado estate or inheritance tax applies and identifies whether federal estate tax filing is required

Start with a free account to get your Phase 1 estate administration checklist, covering the essential first steps for opening and managing a Colorado estate.

Probate in Colorado: Complete 2026 Guide