Overview
Las Animas County is located in Colorado with a population of approximately 14,500. The Las Animas 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 a Petition for Formal Probate of Will and Appointment of Personal Representative (JDF 920) or an 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.
Colorado offers a simplified procedure for small estates using the Affidavit for Collection of Personal Property (JDF 999). This is available if the estate's value, less liens and encumbrances, does not exceed the current statutory threshold (adjusted annually for inflation).
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 Las Animas 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
Las Animas County Combined Court
Probate matters in Las Animas County are handled at the Las Animas County Courthouse.
Address: 200 E. 1st St., Room 304, Trinidad, CO 81082
Phone: 719-846-3316 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM (closed for lunch 12:00–1:00 PM)
The court is located in the historic Las Animas County Courthouse in downtown Trinidad. The Combined Court handles both District and County court matters, including probate, domestic relations, and civil cases.
Parking and Access
Street parking is generally available around the courthouse. The building is accessible to the public during business hours, and 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 consists of personal property worth less than the current statutory threshold (adjusted annually for inflation) and no real property is involved, you may be able to use the Affidavit for Collection of Personal Property (JDF 999) after a 10-day waiting period.
- Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with direct beneficiary designations (POD/TOD) 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 Las Animas County Combined Court. Include:
- Petition or Application (JDF 910 or 920)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $199-$235 depending on specific surcharges)
- Order Admitting Will and Appointing Personal Representative (proposed)
- Letters Testamentary/Administration (proposed)
Colorado courts require mandatory e-filing for attorneys. Self-represented litigants may file in paper or use the state's e-filing system for non-attorneys.
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 Las Animas County (such as The Chronicle-News) once a week 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 may schedule a hearing to address any objections or validity issues before issuing Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims period is generally 4 months from first publication)
- 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
Las Animas County-Specific Procedures
- E-filing: Attorneys are required to e-file. Self-represented litigants are encouraged to use the Colorado Courts E-Filing (CCE) system but may file paper documents at the clerk's window.
- Self-Help: The court has a self-help coordinator available by appointment to assist with forms and procedural questions (719-497-8246).
- Local Rules: The 3rd Judicial District may have specific case management orders; always check with the clerk for any judge-specific requirements.
- Publication: Notice must be published in a newspaper of general circulation in Las Animas County, such as The Chronicle-News, for three consecutive weeks.
Always check the latest Chief Justice Directives and local administrative orders for updates.
Timeline & Fees
Filing Fees (Las Animas County)
- Probate Petition (Formal or Informal): approximately $199 (plus potential surcharges)
- 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 $150-$300 depending on the newspaper
- Claims against the estate: approximately $192 filing fee for creditors
Colorado does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable" based on work performed.
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 for creditor period and closing)
- Average estates: 9-12 months
- Complex or contested estates: 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
Las Animas County Court Resources
- Court Website: Las Animas County 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: 719-545-6708 — coloradolegalservices.org
- Metro Volunteer Lawyers: denbar.org
Publication
- The Chronicle-News: 719-846-3311 — thechronicle-news.com