Overview
Costilla County is located in Colorado with a population of approximately 3,700. The Costilla Combined 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 of Will and Informal Appointment of Personal Representative (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.
Colorado offers a simplified procedure for small estates. If the decedent's personal property is valued at $86,000 or less (2025/2026 threshold, adjusted annually for inflation) and there is no real property involved, successors may use a Small Estate Affidavit (JDF 999) to collect assets without full court administration.
Colorado does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on the time and effort required.
This guide provides an informational overview of the Costilla 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
Costilla Combined Court
Probate matters in Costilla County are handled at the Costilla County Courthouse.
Address: 304 Main Street, San Luis, CO 81152
Phone: (719) 672-3681
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The court is located in San Luis, the oldest continuously occupied town in Colorado. The Combined Court handles both district and county matters, including probate.
Parking and Access
Street parking is generally available around the courthouse in San Luis. The building is accessible to persons with disabilities; contact the court clerk in advance if specific accommodations are needed.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $86,000 or less (as of 2025) and includes no real estate, you may be able to use JDF 999 to collect assets after a 10-day waiting period.
- Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with direct beneficiary designations (like life insurance or payable-on-death accounts) pass outside of probate.
- 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 petition (e.g., JDF 910 for Informal or JDF 920 for Formal) with the Costilla Combined Court. Include:
- 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–$230 (verify current amount with clerk)
Colorado courts require e-filing for attorneys. Self-represented litigants may file in paper or use the state's e-filing system where available.
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 Costilla County (such as the Costilla County Free Press) for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required; the registrar can process the application administratively. For formal probate, the court will schedule a hearing to review the petition. 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 three months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a Verified Statement of Personal Representative Closing Estate (JDF 965) or petitioning for a formal decree of discharge.
Local Requirements
Costilla County-Specific Procedures
- E-filing: Attorneys are mandated to e-file. Pro se litigants are encouraged to check with the court clerk regarding current e-filing options or paper filing requirements.
- Mediation: Contested probate matters may be referred to mediation prior to trial.
- Publication: Notice to creditors must be published in a local newspaper, typically the Costilla County Free Press.
- Local Rules: The 12th Judicial District (which includes Costilla County) may have specific administrative orders; always check with the clerk for the most recent local protocols.
Timeline & Fees
Filing Fees (Costilla County)
- Petition for Probate (Formal or Informal): approximately $199–$230
- Small Estate Affidavit: No court filing fee (document is presented to asset holders)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $150–$300 depending on the newspaper
- Claims against Estate: approximately $20–$40
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee typically applies to card transactions.
Estimated Timelines
- Small Estate Affidavit: Can be used 10 days after death.
- Informal Probate (uncontested): 6–9 months minimum (due to 4-month creditor period).
- Formal Probate (contested or complex): 9 months to 2+ years.
The creditor claim period in Colorado is 4 months from the date of first publication of notice.
Local Resources
Costilla County Court Resources
- Court Website: Costilla Combined Court
- Probate Self-Help: Colorado Judicial Branch Self-Help
- Colorado Probate Forms: JDF Forms
Legal Aid and Attorney Referrals
- Colorado Bar Association: (303) 860-1115 — Find a Lawyer
- Colorado Legal Services: (303) 837-1313 — coloradolegalservices.org
- San Luis Valley Bar Association: Contact local court for roster.
Publication
- Costilla County Free Press: (719) 672-3321 — Local newspaper for legal notices.