Overview
Cheyenne County is located in Colorado with a population of approximately 1,700. The Cheyenne County District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Colorado probate is governed by the Colorado Probate Code (Title 15, Articles 10-17). The process begins with filing a Petition for Formal Probate of Will and Appointment of Personal Representative (JDF 920) or Application for Informal Probate (JDF 910) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Small Estate Affidavit: For decedents who died in 2025, if the estate consists of personal property worth $86,000 or less (adjusted annually for inflation) and there is no real property, successors may collect assets using a Small Estate Affidavit (JDF 999) without opening a full court case. The waiting period is 10 days after death.
Fees: Colorado does not charge statutory percentage fees for attorneys or personal representatives; fees must be reasonable based on time and complexity.
This guide provides an informational overview of the Cheyenne County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Cheyenne County District Court
Probate matters in Cheyenne County are handled at the Cheyenne County Combined Court.
Address: 51 S 1st St, Cheyenne Wells, CO 80810
Mailing Address: P.O. Box 696, Cheyenne Wells, CO 80810
Phone: (719) 767-5649
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Combined Court houses both the District and County courts. Probate matters are generally filed in the District Court. The courthouse is located in the county seat of Cheyenne Wells.
Parking and Access
Street parking is generally available around the courthouse. The building is accessible to the public during business hours. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only of personal property valued at $86,000 or less (for 2025 deaths) and includes no real estate, you may use JDF 999 after a 10-day waiting period.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass automatically to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file the appropriate forms with the Cheyenne County District Court. Common forms include:
- Application for Informal Probate (JDF 910) or Petition for Formal Probate (JDF 920)
- Original Will (if one exists)
- Certified Death Certificate
- Acceptance of Appointment (JDF 911)
- Renunciation and/or Nomination of Personal Representative (JDF 912) (if applicable)
- Filing Fee: Approximately $199 (verify current fee with court)
Attorneys must file electronically via Colorado Courts E-Filing (CCE). Self-represented litigants typically file in paper at the clerk's window.
Step 3: Provide Notice
After filing, you must:
- Mail notice (JDF 940) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Cheyenne County (e.g., Kiowa County Independent) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, there is typically no hearing; the registrar reviews the application. For formal probate, the court will schedule a hearing to resolve any objections or validity issues. If approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Verified Statement of Personal Representative Closing Administration (JDF 965) to close the estate.
Local Requirements
Cheyenne County-Specific Procedures
- E-filing: Mandatory for attorneys via CCE; optional/unavailable for pro se litigants (check with clerk).
- Newspaper: The Kiowa County Independent is the designated newspaper for legal publications in Cheyenne County.
- Hearings: Many probate matters in Cheyenne County are handled administratively or remotely. Check with the court clerk for current appearance policies (Webex/phone).
- Publication: Notice to creditors must be published for three consecutive weeks.
Always check with the court clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Cheyenne County)
- Probate Petition (Formal or Informal): approximately $199
- Small Estate Affidavit: $0 (no filing required, but affidavit must be notarized)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Claims against Estate: approximately $22
Note: Fees are subject to change. Colorado court fees increased on January 1, 2025.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate Affidavit: 10-day waiting period after death.
- Informal Probate (Uncontested): 6-9 months minimum (due to 4-month creditor period).
- Formal Probate: 9-12 months or longer.
- Contested Estates: 1 year or more.
The 4-month creditor claim period is the primary factor affecting the minimum timeline for closing an estate.
Local Resources
Cheyenne County Court Resources
- Court Website: Cheyenne County Courts
- Probate Self-Help: Colorado Judicial Branch Self-Help
- State Probate Forms: JDF Probate Forms
Legal Aid and Attorney Referrals
- Colorado Bar Association: (303) 860-1115 — Find a Lawyer
- Colorado Legal Services: (303) 837-1313 — coloradolegalservices.org
Publication
- Kiowa County Independent: (719) 438-2040 — kiowacountyindependent.com (Designated for Cheyenne County legal notices)