Probate in Colorado: A Complete Guide

Colorado has adopted the Uniform Probate Code and offers one of the most streamlined probate systems in the country, with informal probate as the default for most estates and a small estate threshold that handles many smaller cases entirely outside the court system. This guide walks through every option.

Does Colorado Always Require Probate?

No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Beneficiary Deed (Colorado's name for a transfer-on-death deed), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and property held by spouses as tenants by the entirety.

Collection by Affidavit (Small Estates)

For estates with personal property under the inflation-adjusted small-estate cap (C.R.S. § 15-12-1201) and no real estate, Colorado offers Collection of Personal Property by Affidavit. The threshold is adjusted annually — it was $86,000 for deaths in 2025, up from $82,000 in 2024, and typically increases each year, so confirm the exact current-year figure with your county Probate Court or an attorney before relying on it. The affidavit can be used just 10 days after death — one of the shortest waiting periods in the country — and is presented directly to institutions holding the assets, with no court filing required.

The Three Tracks of Colorado Probate

• Informal probate: Colorado's preferred path. Handled administratively by the Probate Registrar (not a judge). Letters are issued promptly, and the personal representative administers the estate without court supervision of routine actions.
• Formal probate: Required when there is a will contest, when the will is unclear or invalid on its face, when notice issues arise, or when other complications need a judge.
• Supervised administration: The court actively supervises every step — required when the will demands it or the court orders it.

Most Colorado probates are informal. Denver County uniquely has a separate Denver Probate Court; all other counties handle probate in the District Court.

How to Open Informal Probate in Colorado

1. File an Application for Informal Probate of Will and Informal Appointment of Personal Representative in the District Court (or Denver Probate Court) of the county where the deceased was domiciled.
2. The Probate Registrar reviews the application — usually within a few weeks.
3. If approved, the court issues Letters Testamentary or Letters of Administration. No court hearing is required for informal probate.

Creditor Claims in Colorado

The personal representative may publish a Notice to Creditors in a county newspaper. Once published, creditors have 4 months from the date of first publication to file claims. Without published notice, creditors generally have 1 year from the date of death to file claims (C.R.S. § 15-12-803). Direct notice to known creditors triggers a 60-day claim window for those creditors.

Intestacy in Colorado

If there is no will, Colorado's intestacy statute applies. Key rules: if all of the deceased's children are also descendants of the surviving spouse and the spouse has no other descendants, the spouse inherits everything. If the spouse has descendants from another relationship, the spouse takes the first $225,000 plus 1/2 of the balance. If the deceased has descendants from outside the marriage, the spouse takes the first $150,000 plus 1/2 of the balance, with the descendants taking the rest.

Colorado Has No State Estate or Inheritance Tax

Colorado has no state estate tax and no inheritance tax. Only the federal estate tax applies, and as of 2026 the federal exemption is $15 million per person ($30 million for a married couple), made permanent by the One Big Beautiful Bill Act signed into law in July 2025. The vast majority of Colorado estates owe no estate or inheritance tax of any kind.

Spousal and Family Allowances

Colorado provides several allowances paid before creditors: an exempt property allowance ($30,000 in tangible personal property), a family allowance for the surviving spouse and minor children (typically $42,000 per year for up to a year of administration), and a homestead exemption ($90,000) that protects the family home.