Overview
Phillips County is located in Colorado with a population of approximately 4,500. The Phillips 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 Application for Informal Probate of Will and Informal 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. If the decedent's personal property is valued at less than the statutory threshold (approximately $86,000 for 2026, adjusted annually for inflation) and there is no real property, successors may collect assets via a Small Estate Affidavit (JDF 999) without court administration.
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 Phillips 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
Phillips Combined Court
Probate matters in Phillips County are handled at the Phillips County Courthouse.
Address: 221 S. Interocean Avenue, 2nd Floor, Holyoke, CO 80734
Phone: (970) 762-7010 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 3:00 PM
The court is located on the second floor of the county courthouse. The Clerk's office handles filings for both District and County court matters.
Parking and Access
Street parking is generally available around the courthouse in Holyoke. There is an elevator available for access to the second floor.
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 approximately $86,000 or less (adjusted annually), you may be able to collect assets by affidavit without court involvement.
- 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 forms with the Phillips Combined Court. Common forms include:
- Application for Informal Probate (JDF 910) or Petition for Formal Probate (JDF 920)
- Original Will (if applicable)
- Certified Death Certificate
- Acceptance of Appointment (JDF 911)
- Renunciation and/or Nomination of Personal Representative (JDF 912) (if applicable)
- Filing Fee
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 (Information of Appointment - JDF 940) to heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Phillips County, such as The Holyoke Enterprise, 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 may be scheduled to admit the will and appoint the Personal Representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the creditor claim period (typically 4 months from publication) to run.
- Inventory and appraise all estate assets within three months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a Verified Statement of Personal Representative Closing Administration (JDF 965) or petitioning for a formal decree of discharge.
Local Requirements
Phillips County-Specific Procedures
- E-filing: Attorneys are required to e-file. Self-represented parties may file in person or by mail.
- Bond requirements: Bond is generally not required unless specified in the will or requested by an interested party, but the court has discretion.
- Publication: Notice to creditors must be published in a local newspaper. The Holyoke Enterprise is the commonly used publication for Phillips County.
- Mediation: Contested matters may be referred to mediation per district policy.
Always check with the court clerk for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Phillips County)
- Petition for Probate (Formal or Informal): approximately $199 - $235 (fees subject to change; check current JDF 1 schedule)
- 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 Estate: approximately $22
Payment Methods
The court accepts cash, checks, and credit cards (Visa, MasterCard, Discover). A convenience fee applies to credit card transactions.
Estimated Timelines
- Informal Probate (uncontested): 6-9 months minimum (due to 4-month creditor period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
The creditor claim period is a primary factor in the timeline, requiring the estate to remain open for at least 4 months after publication of notice.
Local Resources
Phillips County Court Resources
- Court Website: Phillips County Courts
- Probate Self-Help: Colorado Judicial Branch Self-Help
- Colorado Probate Forms: JDF Probate Forms
Legal Aid and Attorney Referrals
- Colorado Bar Association: (303) 860-1115 — Find a Lawyer
- Colorado Legal Services: (303) 837-1313 — Civil legal assistance for low-income Coloradans
- Metro Volunteer Lawyers: https://www.denbar.org/mvl
Publication
- The Holyoke Enterprise: (970) 854-2811 — https://www.holyokeenterprise.com/