Overview
San Juan County is located in Colorado with a population of approximately 700. The San Juan 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 Probate of Will and Appointment of Personal Representative (JDF 910 for informal or JDF 920 for formal) 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 process is available if the decedent's estate is valued at $86,000 or less (for deaths in 2025) and includes no real property.
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 San Juan 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
San Juan County Combined Court
Probate matters in San Juan County are handled at the San Juan County Courthouse.
Address: 1557 Greene Street, Silverton, CO 81433
Phone: (970) 387-5790 (Clerk of Court)
Hours: Monday: 12:00 PM to 4:00 PM; Tuesday & Thursday: 8:00 AM to 4:00 PM (Closed 12:00 PM - 1:00 PM); Wednesday & Friday: Closed
The court is part of the 6th Judicial District. 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 Silverton. The building is historic but accessible; check for specific ADA access points if needed.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $86,000 or less (adjusted annually) and contains no real property, you may use Form JDF 999 to collect assets 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 probate is needed, file a Petition for Probate (JDF 910 or JDF 920) with the San Juan County Combined Court. Include:
- Original Will (if applicable)
- Acceptance of Appointment (JDF 911)
- Renunciation and/or Nomination of Personal Representative (JDF 912, if applicable)
- Certified Death Certificate
- Filing Fee ($199 for District Court probate)
- Order Admitting Will and Appointing Personal Representative (JDF 913)
Colorado courts require e-filing for attorneys; self-represented litigants may file in paper or use the CCE system.
Step 3: Provide Notice
After filing, you must:
- Mail notice (JDF 940) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in San Juan County (e.g., Silverton Standard & the Miner) for three successive weeks.
Step 4: Attend the Hearing
For informal probate (JDF 910), a hearing is typically not required, and the Registrar can issue Letters immediately if the application is complete. For formal probate (JDF 920), the court will schedule a hearing to resolve any contests or complexities.
Step 5: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, the personal representative must:
- Prepare an Inventory (JDF 941) within three months.
- Pay valid creditor claims after the four-month creditor period expires.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a Verified Statement of Personal Representative Closing Estate (JDF 965) or a formal petition for discharge.
Local Requirements
San Juan County-Specific Procedures
- E-Filing: Mandatory for attorneys via the Colorado Courts E-Filing (CCE) system. Self-represented parties may file in person or by mail.
- Publication: Notice to creditors must be published in a local newspaper, typically the Silverton Standard & the Miner.
- Court Schedule: Note the limited court hours (closed Wednesdays and Fridays) when planning in-person filings.
- Local Rules: The 6th Judicial District may have specific administrative orders; check with the Clerk for any unique local forms or requirements.
Always verify the current small estate threshold, as it is adjusted annually for inflation.
Timeline & Fees
Filing Fees (San Juan County)
- Probate Petition (District Court): approximately $199
- Certification of Letters: approximately $20 per copy
- Small Estate Affidavit: No court filing fee (unless filed for record purposes)
- Publication costs: approximately $150-$300 depending on the newspaper
- E-filing fees: Varies by document type and service provider
Colorado does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable" based on time and complexity.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, Discover). A convenience fee applies to credit card transactions.
Estimated Timelines
- Small Estate Affidavit: 10-day waiting period after death.
- Informal Probate (Uncontested): 6-12 months (minimum 6 months for creditor period).
- Formal/Contested Probate: 12 months to several years depending on complexity.
The creditor claim period in Colorado is generally four months from the date of first publication.
Local Resources
San Juan County Court Resources
- Court Website: San Juan County Combined Court
- Probate Self-Help: Colorado Judicial Branch Self Help
- State Probate Forms: Colorado JDF Forms
Legal Aid and Attorney Referrals
- Colorado Bar Association: (303) 860-1115 — Find a Lawyer
- Colorado Legal Services: (303) 837-1313 — coloradolegalservices.org
- Southwest Colorado Bar Association: Local resources for the 6th Judicial District.
Publication
- Silverton Standard & the Miner: (970) 387-5477 — silvertonstandard.com