Probate in Colorado

Overview

Colorado adopted the Uniform Probate Code (UPC) in 1974, giving it one of the more streamlined probate systems in the country. The state offers both informal and formal probate proceedings, with the majority of estates qualifying for the faster informal process. Colorado does not impose a state estate or inheritance tax, which simplifies the overall administration process.

Key Facts

• Governing Law: Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries)
• Court: District Court (Probate Division)
• Small Estate Threshold: $86,000 (personal property, 2025)
• Typical Timeline: 6 to 12 months for standard estates; complex estates may take 1–2 years
• Follows UPC: Yes

What Makes Colorado Unique

• Informal Probate — Colorado's UPC adoption allows most estates to proceed through informal probate, where the personal representative is appointed by the court registrar without a hearing. This is one of the fastest probate processes in the country.
• No State Estate or Inheritance Tax — Colorado does not impose a state-level estate tax or inheritance tax, reducing the overall tax burden on estates and simplifying administration.
• Collection by Affidavit — For personal property estates valued at $86,000 or less (2025 threshold, adjusted annually for inflation), heirs can collect assets using a simple affidavit without any court filing, typically available 10 days after death.
• Augmented Estate for Spouse Protection — Colorado uses the UPC's augmented estate concept, which considers both probate and non-probate assets when calculating a surviving spouse's elective share, providing stronger spousal protections than many states.
• Designated Beneficiary Agreements — Colorado allows unmarried couples (including same-sex partners) to enter designated beneficiary agreements that provide some inheritance rights similar to those of married couples.

Probate Process Steps

1. File application for informal probate or petition for formal probate with the District Court
2. Court registers the will and issues letters of appointment (informal) or holds hearing (formal)
3. Notify known creditors and publish notice to creditors in a local newspaper
4. Inventory and appraise all estate assets
5. Allow creditor claims period (4 months from first publication of notice)
6. Pay valid debts, taxes, and administration expenses
7. File federal estate tax return if applicable (no state estate tax in Colorado)
8. Prepare and distribute assets according to the will or intestacy law
9. File closing statement with the court

Costs & Fees

Fee Structure: Colorado does not have a statutory fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation, which is typically determined by hourly rates, the complexity of the estate, and local market rates. Personal representatives are entitled to reasonable compensation for their services.

Typical Attorney Fees: Hourly rates typically $200–$400/hour; flat fees of $2,500–$7,500 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($199 for probate filing), publication costs ($75–$200), and certified copies ($20 per document)

Colorado's informal probate process significantly reduces legal costs compared to states requiring formal court proceedings. Bond may be required for personal representatives, typically at a premium of 0.5–1% of the bond amount annually.

Frequently Asked Questions