Overview
El Paso County is located in Colorado with a population of approximately 752,772. The El Paso County Combined Courts (Probate Division) 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 of the Colorado Revised Statutes). The process begins with filing a Petition for Formal Probate of Will and Appointment of Personal Representative (JDF 920) or an Application for Informal Probate of Will and 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 called the Small Estate Affidavit (JDF 999). As of 2025, this is available if the value of the decedent's personal property (less liens and encumbrances) does not exceed $86,000 (adjusted annually for inflation) and there is no real property involved.
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 El Paso 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
El Paso County Combined Courts
Probate matters in El Paso County are handled at the El Paso County Judicial Building.
Address: 270 S Tejon St, Colorado Springs, CO 80903
Phone: (719) 452-5000 (Probate Division)
Hours: Monday through Friday, 7:30 AM to 4:30 PM (Note: The Clerk's Office and Self-Help Center close at 3:30 PM on the 3rd Wednesday of each month)
The Probate Division is located in the main judicial building. The division handles estate administration, guardianships, conservatorships, and mental health cases.
Parking and Access
Metered street parking is available on streets surrounding the courthouse (Tejon, Vermijo, Nevada, etc.). There is also a public parking garage (El Paso County Structure) located at 50 E Costilla St, and another at the corner of Kiowa St and Nevada Ave. Be prepared for security screening upon entering the building.
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 (2025 limit) and there is no real estate, you may be able to collect assets using JDF 999 without court involvement.
- Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (POD/TOD) pass directly 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 petition (e.g., JDF 910 for Informal or JDF 920 for Formal) with the El Paso County Combined Courts. Include:
- Original Will and codicils (if any)
- Certified Death Certificate
- Acceptance of Appointment (JDF 911)
- Renunciation and/or Nomination of Personal Representative (JDF 912, if applicable)
- Filing fee ($229 for standard estates)
E-filing is mandatory for attorneys and optional for self-represented litigants in Colorado.
Step 3: Provide Notice
After filing, you must:
- Mail notice (JDF 943 or 944) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in El Paso County (such as The Gazette) 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 and issues Letters if everything is in order. For formal probate, the court will schedule a hearing on the petition. 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:
- Notify creditors (creditor claim period is generally 4 months from publication)
- Inventory and appraise all estate assets within three 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) or petition for formal discharge to close the estate.
Local Requirements
El Paso County-Specific Procedures
- E-filing: Attorneys must file electronically via the Colorado Courts E-Filing (CCE) system. Self-represented litigants may file in paper or use the CCE system.
- Self-Help Center: The El Paso County Combined Courts has a Self-Help Center (Room S101) to assist pro se litigants with forms and procedural information.
- Publication: Notice to creditors must be published in a newspaper of general circulation within El Paso County, such as The Gazette.
- Mediation: The 4th Judicial District may require mediation for contested probate matters.
Always check with the Probate Registrar or the Self-Help Center for the most current local rules and requirements.
Timeline & Fees
Filing Fees (El Paso County)
- Petition for Probate (Formal or Informal): $229
- Small Estate Affidavit: $113 (if filed with the court, though often not required)
- Trust Action: $229
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Jury Demand: $231
Colorado does not have a statutory percentage fee for attorneys or personal representatives; fees must be reasonable based on services performed.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee applies to card payments.
Estimated Timelines
- Small Estate Affidavit: Immediate (after 10-day waiting period from death)
- Informal Probate (uncontested): 6-12 months
- Formal Probate (contested or complex): 12 months to 2 years or more
The creditor claim period in Colorado is 4 months from the date of first publication of notice.
Local Resources
El Paso County Court Resources
- Court Website: El Paso County Combined Courts
- Probate Self-Help: Colorado Judicial Branch Self-Help
- Colorado Probate Forms: JDF Forms
Legal Aid and Attorney Referrals
- El Paso County Bar Association: (719) 473-9700 — elpasocountybar.org
- Colorado Legal Services: (719) 471-0380 — coloradolegalservices.org
- Colorado Bar Association Find a Lawyer: cobar.org
Publication
- The Gazette: (719) 632-5511 — gazette.com