Overview
Kit Carson County is located in Colorado with a population of approximately 7,080. The Kit Carson 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). The process begins with filing a Petition for Formal or Informal Probate (JDF 910 or JDF 909) 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 threshold, adjusted annually) and there is no real property, 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 services provided.
This guide provides an informational overview of the Kit Carson 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
Kit Carson County Combined Court
Probate matters in Kit Carson County are handled at the Kit Carson County Courthouse.
Address: 1650 Donelan Avenue, Suite 301, Burlington, CO 80807
Phone: (719) 346-5524 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The Combined Court is located on the second floor of the county courthouse in Burlington. It serves the 13th Judicial District.
Parking and Access
Free parking is generally available in the lot adjacent to the courthouse and on surrounding streets. Visitors must pass through 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), you may be able to use JDF 999 to collect assets without court involvement.
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD accounts, life insurance) or held in joint tenancy pass directly to beneficiaries.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate (JDF 909 for Informal or JDF 910 for Formal) with the Kit Carson County Combined Court. Include:
- Original Will and Codicils (if any)
- Acceptance of Appointment (JDF 911)
- Renunciation and/or Nomination of Personal Representative (JDF 912, if applicable)
- Certified Death Certificate
- Filing fee (approximately $199)
- Order Admitting Will and Appointing Personal Representative (proposed)
Colorado courts require e-filing for attorneys. Self-represented litigants may file in paper or use the state's e-filing system if available for pro se users.
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 Kit Carson County (such as the Burlington Record) 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, a hearing is scheduled, and the judge reviews the petition. Upon approval, 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 administrative 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
Kit Carson County-Specific Procedures
- E-filing: Attorneys are mandated to e-file via the Colorado Courts E-Filing (CCE) system. Self-represented litigants may file paper documents at the clerk's window.
- Bond requirements: Bond is generally not required unless specified in the will or requested by an interested party, but the court has discretion.
- Local court rules: The 13th Judicial District may have specific case management orders; check with the clerk for any local checklists.
- Publication: Notice to creditors is typically published in the Burlington Record.
Always check with the court clerk for the most current local forms and procedural preferences.
Timeline & Fees
Filing Fees (Kit Carson County)
- Petition for Probate (Formal or Informal): approximately $199
- Small Estate Affidavit: No court filing fee (affidavit is presented to asset holders)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Claims against estate: approximately $22
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee applies to card transactions.
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 6 months due to creditor period)
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Colorado is 4 months from the date of first publication. The estate generally cannot be closed until this period expires.
Local Resources
Kit Carson County Court Resources
- Court Website: Kit Carson County Combined Court
- Probate Self-Help: Colorado Judicial Branch Self Help
- Colorado Probate Forms: Self-Help Forms
Legal Aid and Attorney Referrals
- Colorado Bar Association: (303) 860-1115 — Find a Lawyer
- Colorado Legal Services: (303) 837-1313 — Legal Aid
- 13th Judicial District Self-Help: Contact the court clerk for local assistance availability.
Publication
- Burlington Record: (719) 346-5325 — Official county newspaper for legal notices.