Overview
Custer County is located in Colorado with a population of approximately 5,553. The Custer County 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 C.R.S.). The process begins with filing an Application for Informal Probate of Will and Informal Appointment of Personal Representative (JDF 910) for informal probate, or a Petition for Formal Probate and Appointment of Personal Representative (JDF 920) for formal probate. 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 estate is valued at $86,000 or less (2026 limit) and contains no real property, successors may file a Small Estate Affidavit (JDF 999) after a 10-day waiting period to collect assets without formal court administration.
Colorado does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the time spent and the complexity of the estate.
This guide provides an informational overview of the Custer 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
Custer County Combined Court
Probate matters in Custer County are handled at the Custer County Courthouse.
Address: 205 S. 6th St., Westcliffe, CO 81252
Phone: (719) 783-2274 (Clerk of Court)
Hours: Monday, Tuesday, and Thursday, 8:00 AM to 5:00 PM. Closed for lunch 12:00 PM to 12:30 PM. Closed Wednesdays and Fridays.
The court is located on the second floor of the county courthouse building. Call ahead to confirm availability and scheduling.
Parking and Access
Free street parking is available around the courthouse. Security screening is 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 is valued at $86,000 or less (2026) and includes no real property, you may use JDF 999 after 10 days.
- Transfer on Death (TOD) Deeds: Real property with a recorded TOD deed transfers automatically to the beneficiary upon death.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate of Will and Informal Appointment of Personal Representative (JDF 910) or a Petition for Formal Probate and Appointment of Personal Representative (JDF 920) with the Custer County Combined Court. Include:
- Original Will (if applicable)
- Renunciation and/or Nomination of Personal Representative (JDF 912)
- Certified Death Certificate
- Filing fee (approx. $230)
- Order Admitting Will and Appointing Personal Representative (JDF 913)
E-filing is available for attorneys via Colorado Courts E-Filing (CCE). Self-represented litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Custer County for three consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors and allow 4 months for claims to be filed
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Custer County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se litigants.
- Mediation: The court may order mediation for contested probate matters.
- Court Hours: The Custer County Combined Court is open Monday, Tuesday, and Thursday only.
- Publication: Notice must be published in a newspaper of general circulation in Custer County for three consecutive weeks.
Always check with the court clerk for the most up-to-date hearing schedules and local filing requirements.
Timeline & Fees
Filing Fees (Custer County)
- Formal/Informal Probate Petition: approximately $230
- Response/Objection: approximately $192
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Trust Registration: approximately $192
Colorado does not have a statutory fee schedule; fees must be reasonable based on time and complexity.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted with a surcharge (check with the clerk for current card policies).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 3 years
The 4-month creditor claim period sets a minimum duration for formal probate.
Local Resources
Custer County Court Resources
- Court Website: coloradojudicial.gov
- Probate Self-Help: Colorado Judicial Branch Probate Self-Help
- Colorado Probate Forms: Colorado Self-Help Forms
Legal Aid and Attorney Referrals
- Colorado Bar Association: (303) 860-1115 — Find a Lawyer tool available online.
- Colorado Legal Services: (303) 837-1313 — Legal assistance for low-income residents.
- Colorado Bar Find A Lawyer: licensedlawyer.org
Publication
- Wet Mountain Tribune: (719) 783-2361 — Official newspaper of general circulation for Custer County.
- Pueblo Chieftain: (719) 544-3520 — Regional paper covering Southern Colorado.