Overview
Moffat County is located in Colorado with a population of approximately 13,142. The Moffat 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 Title 15 of the Colorado Revised Statutes (Colorado Probate Code). The process begins with filing a Petition for Formal Probate of Will and Appointment of Personal Representative (JDF 920) or 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 Small Estate Affidavit procedure for estates valued at $86,000 or less (for deaths occurring in 2025; adjusted annually for inflation), provided there is no real property involved.
Colorado does not have a statutory percentage fee for attorneys or personal representatives; fees must be "reasonable" based on time and complexity.
This guide provides an informational overview of the Moffat 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
Moffat County Combined Court
Probate matters in Moffat County are handled at the Moffat County Courthouse.
Address: 1198 W. Victory Way, Suite 200/201, Craig, CO 81625
Phone: (970) 824-8254 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Moffat County Combined Court serves the 14th Judicial District. The Clerk's office is located in the courthouse complex in Craig.
Parking and Access
Free parking is generally available at the courthouse complex. The building is ADA accessible.
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 only (no real estate) and is valued at $86,000 or less (for deaths in 2025; threshold adjusted annually), you may use Form JDF 999 to collect assets 10 days after death.
- Transfer on Death (TOD) Deeds: Real estate can be transferred directly to a beneficiary if a TOD deed was recorded prior to 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 a Application for Informal Probate (JDF 910) or Petition for Formal Probate (JDF 920) with the Moffat County Combined Court. Include:
- Original Will (if applicable)
- Renunciation and/or Nomination of Personal Representative (JDF 912)
- Certified Death Certificate
- Filing fee (approximately $199-$238)
- Order Admitting Will (JDF 913) and Letters (JDF 915)
E-filing is mandatory for attorneys and optional for self-represented litigants in Colorado courts via the CCE system.
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 Moffat County for three consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 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 the 4-month claim period to expire
- Inventory and appraise all estate assets within 3 months of appointment
- 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
Moffat County-Specific Procedures
- E-Filing: Attorneys must file electronically; pro se parties may file in paper or use the state's e-filing system.
- Mediation: Contested matters may be referred to mediation before a hearing is scheduled.
- Self-Help Coordinator: Moffat County has a self-help coordinator available to assist with forms and procedural questions.
- Publication: Notice must be published in a newspaper of general circulation in Moffat County for three consecutive weeks.
Moffat County follows standard Colorado Probate Rules. Hearings are typically held in the Combined Court in Craig.
Timeline & Fees
Filing Fees (Moffat County)
- Probate Petition: approximately $199
- Trust Registration: approximately $199
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Lodging of Will: $0 (if filed before probate)
Colorado requires fees to be reasonable; there is no statutory percentage.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/Mastercard/Discover). A convenience fee applies to card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The 4-month creditor claim period is the primary mandatory waiting period.
Local Resources
Moffat County Court Resources
- Court Website: coloradojudicial.gov
- Probate Self-Help: Colorado Judicial Branch Self-Help Center
- Colorado Probate Forms: Colorado Judicial Branch Forms
Legal Aid and Attorney Referrals
- Colorado Bar Association: (303) 860-1115 — Find a Lawyer tool
- Colorado Legal Services: (970) 243-7940 — Legal assistance for low-income residents
- Colorado Bar Association: licensedlawyer.org/co
Publication
- Craig Press: (970) 824-7031 — Official newspaper for legal notices in Moffat County
- Rio Blanco Herald Times: (970) 878-4017 — Regional newspaper serving the area