Understanding the Colorado Probate Process

Losing a loved one is difficult, and handling their financial affairs when you’re grieving can feel overwhelming—especially if you’re unfamiliar with Colorado’s probate system. Understanding how probate works in Colorado can help you avoid unnecessary delays, protect family assets, and navigate the legal requirements with confidence. This article explains what probate is, how it works in Colorado, and what you can expect at each stage.

Probate is the legal process Colorado probate courts use to settle a person’s estate after they pass away. This process ensures that the deceased person’s assets are properly identified, valued, and distributed—either according to their will or, if they died without one, according to Colorado’s intestacy laws.

Probate is usually required when the decedent's estate includes assets that are not automatically transferred to beneficiaries through mechanisms such as joint tenancy, payable-on-death accounts, or trusts.  When someone passes away, and they are on title to real property that is not jointly titled or passed through a beneficiary deed, probate would be required.  Also, if the value of a decedent’s probate estate is over a certain amount of aggregate value, depending on their date of death, a probate could be required.

Will Validation and Personal Representative Appointment

In Colorado, probate typically begins by submitting the will (if one exists) to the district court in the county where the decedent lived. The court then validates the will and formally appoints a personal representative, also known as an executor, to manage the estate. Often, a loved one nominates a personal representative in their will. 

The court determines whether the nominated personal representative is willing to serve and whether they’re qualified. If the named executor is unavailable or unqualified, or if one isn’t named, the court will appoint someone suitable to fulfill the role. The personal representative has significant responsibilities and must act in good faith and with due diligence to avoid being liable for losses to the estate.

Management of the Estate’s Affairs

After the will is admitted to the court and a personal representative is formally appointed, the court issues a letter of testamentary that authorizes the personal representative to act on behalf of the decedent’s estate. The personal representative is responsible for: 

• gathering and inventorying all of the decedent’s assets, 

• obtaining appraisals when necessary, 

• notifying creditors of the death, and

• paying valid debts, taxes, and administrative costs with estate funds.

Colorado probate law outlines specific timelines for creditors to submit claims.

Asset Distribution

Only after debts and taxes are fully settled can the remaining property be distributed. If the decedent left a valid will, the estate is distributed according to their wishes. If there is no will, Colorado’s intestacy statutes dictate who inherits, with priority usually given to spouses, children, and other close relatives.

There are two main types of probate in Colorado: formal and informal.  Each comes with different requirements depending on the estate’s value, complexity, and whether it is contested. Understanding which type of probate applies to your case is often the first step in navigating the process efficiently.

When someone dies without a will in Colorado, known as intestate, their estate is administered according to the state’s intestacy laws, which determine who inherits the property. The probate court will appoint a personal representative—usually a surviving spouse or close relative—to manage the estate. From there, Colorado law sets a specific order of priority for distributing assets.

Generally, a surviving spouse inherits most or all of the estate. If the deceased has children from another relationship, both the spouse and children may share the inheritance. If there is no spouse, the estate passes to the children, then to the parents, siblings, and other relatives in a specific order. Friends, unmarried partners, and charities do not inherit under intestacy unless they are listed as beneficiaries on specific accounts.

The Colorado probate process still moves forward, but without a will to provide guidance, Colorado law dictates every major decision—from who receives property to how the estate is administered.

The main difference between informal and formal probate comes down to how much the Colorado probate court needs to be involved.

Informal Probate Proceedings

Informal probate is typically for less complex estates. They are often used when there are no disagreements about the will or the estate administration. Informal probate allows the personal representative to administer the estate without a formal court hearing or significant oversight. This makes informal probate faster and more efficient for simple, uncontested estates.

Formal Probate Proceedings

Formal probate, on the other hand, is reserved for settling disputes or complex issues, such as questions about the will’s validity, who the rightful heirs are, or who should be appointed as personal representative. Formal probate starts with a petition and requires at least one court hearing. All interested parties must receive notice and have the chance to object. After reviewing the issues, the court issues a final order confirming the will and appointing the personal representative.

Option for Small Estates

Colorado law offers an option that bypasses the probate process for small estates that meet specific statutory requirements. If the decedent did not own real estate and had less than $86,000 in probate assets, successors may be eligible to file a small estate affidavit. A successor is a person or entity entitled to the decedent’s property. The small estate affidavit enables a successor to collect and transfer property, including bank accounts and vehicles.

What are the Two Probate Asset Classes?

Probate Assets

Possessions or property that are not already assigned to specific beneficiaries in a decedent’s estate are known as probate assets. These assets are often items or property solely owned by your loved one.  

Common probate assets include: 

• stocks and investments, 

• motor vehicles and boats, 

• real estate property, and 

• other personal valuables, such as antiques and jewelry. 

Probate assets include property bequeathed to a beneficiary who has already passed away. This happens in instances where one elderly spouse preceded the other in death, but the remaining spouse passed away before listing an alternate beneficiary.

Non-Probate Assets

Non-probate assets typically constitute jointly owned property or property with a designated beneficiary. Non-probate assets often bypass the legal process before being distributed. 

Common non-probate assets include:

•  jointly owned property, 

• life insurance payouts, 

• retirement plans, 

• joint bank accounts, 

• pensions or annuities, 

• assets in trust, and 

• other accounts or assets with a designated “payable on death” beneficiary.

Policy Trumps Will

Sometimes, a will might name a different life insurance beneficiary than the one listed on the policy. In this instance, the law goes by the policy directive, not the will, and applies to all assets with named beneficiaries. The document listing the beneficiary always takes precedence over the will.

The length of the probate process in Colorado can vary widely depending on the estate’s complexity and whether any disputes arise. While C.R.S. Title 15, Colorado Probate Code aims for estates to be settled quickly and efficiently, real-world circumstances often affect the timeline.

How creditor claims affect the probate timeline. 

Colorado probate law provides creditors with a limited window to come forward, typically within the period stated in the personal representative’s published notice or within four months of the claim arising in certain situations; however, no claim can be brought past one year from the date of the decedent’s passing. These deadlines help keep the estate moving toward final distribution.

The type of probate also affects the duration of the process. 

Informal probate for simple, uncontested estates tends to be faster. Formal probate, which is required when there are disputes about the will or the heirs, can take significantly longer because it involves hearings and potential litigation. Contested cases—such as challenges to the will’s validity—can add substantial time before the estate can close, as can passing away without a will.

How Colorado probate courts can address delays. 

Colorado probate courts have the authority to intervene in cases where undue delays occur in specific circumstances. For example, a probate judge can compensate a surviving spouse if there are unreasonable delays in receiving their elective share of the estate. This underscores that although the law encourages prompt resolution, conflicts, creditor issues, and other complications can extend the probate timeline.

Overall, most straightforward Colorado estates can expect probate to last at least six months to a year, while complex or contested estates may take much longer.

Probate costs in Colorado vary, but most estates will pay a mix of court filing fees, administrative expenses, and attorney fees. Colorado sets specific filing fees depending on the type of probate. Simple estates cost less to establish, while actions such as supervised administration, contested claims, or trust registration require higher fees. Even depositing a will carries a small charge.

Administrative expenses account for the majority of probate costs and may include:

• attorney fees,

• expenses necessary to preserve estate property, and

• funeral or burial costs. 

All fees must be reasonable, and the probate court can intervene if there’s a dispute or if the fees require adjustment due to unusual circumstances.

How federal law affects probate costs.

Some expenses—such as attorney fees, executor compensation, and other necessary administration costs—may qualify as deductions for federal estate tax purposes, but only if they are directly tied to settling the estate.

Generally, Colorado probate costs can range from a few hundred dollars for simple probate cases to several thousand dollars for larger or more complex estates.

When a will is contested, the person bringing the challenge is generally responsible for their own legal fees and court costs. However, if they succeed, those costs are typically paid by the estate. Will contests can significantly slow down the probate process and reduce the overall value of the estate, sometimes requiring the sale of assets to cover litigation expenses.

In all other situations, the estate is responsible for the standard costs of probate. This includes ongoing expenses like mortgage payments, property taxes, and maintenance costs during administration. If the estate does not have enough liquid funds to cover these obligations, the court may authorize the sale of estate property to ensure all expenses are paid.

A Colorado probate lawyer is an asset when aspects of a deceased person’s estate distribution require help with estate administration. Colorado law doesn’t require you to hire a probate lawyer to help you navigate the probate process. However, you should be aware that it is easy to make mistakes and miss deadlines if you take on probate on your own. Oversights and errors can result in increased costs and prolong your probate case. Personal representatives can also be held liable for financial missteps. A skilled Colorado probate lawyer will ensure that documents are well-organized and submitted to the court on time. They can also assist with designating an administrator and serve as your representative in court. The cost of hiring an attorney to help you with the probate process depends on various factors, including the value of the estate, the presence of a will, the type of property to be inherited, and whether there are disputes.

If you’re dealing with the complexities of a probate case, set up a consultation with our compassionate and experienced probate attorneys at Robinson & Henry in Colorado Springs and Denver. We serve families and individuals along the Front Range with offices in Westminster, Denver Metro, Downtown Denver, DTC, Highlands Ranch, Castle Rock, and two Colorado Springs locations. Schedule your case assessment online or call 303-688-0944.