1 Overview — what makes Colorado probate different
Colorado probate is governed by the Colorado Probate Code, CRS Title 15, Articles 10–17, which adopted the Uniform Probate Code in 1973. Five features make Colorado distinctly different from every other state in this guide series.
First: The inflation-adjusted small estate threshold. Under CRS § 15-12-1201, Colorado's small estate affidavit threshold adjusts annually for inflation — currently approximately $86,000 for 2025 deaths, with the 2026 figure slightly higher. Unlike Arizona (fixed $200K) or Tennessee (fixed $50K), Colorado's threshold tracks actual economic conditions. The 10-day waiting period is also the shortest in the country. No court filing is required — the affidavit (Form JDF 999) is presented directly to the institution.
Second: Denver Probate Court. Denver County (the City and County of Denver) is the only county in Colorado with a dedicated, standalone Probate Court — a separate institution from the Denver District Court. All 63 other Colorado counties handle probate through their District Court. When Denver estates publish a Notice to Creditors, it references "the Probate Court of the City and County of Denver" — different from every other county's "District Court of _____ County."
Third: No court accounting required in informal probate. The personal representative closes the estate by filing a simple Closing Statement (CRS § 15-12-1003) rather than a detailed line-by-line accounting. The Closing Statement certifies that the estate is fully administered. This makes Colorado one of the least court-intensive probate systems in the country for routine estates.
Fourth: The "whichever comes first" creditor deadline. Creditors must file claims by the earlier of: (a) 4 months from the date of first publication of the Notice to Creditors, or (b) 1 year from the date of death. This two-headed deadline is unusual and often misunderstood — delay in publishing notice doesn't extend the window indefinitely, because the 1-year death anniversary cuts it off first.
Fifth: Inventory within 3 months — a faster deadline than most states (Virginia: 4 months; Tennessee: 60 days). The inventory must be filed with the court and provided to any heir or beneficiary who requests it within 30 days of the request.
Colorado probate at a glance
| Topic | Colorado rule | Authority |
|---|---|---|
| Governing law | Colorado Probate Code, CRS Title 15, Articles 10–17 | CRS § 15-10-101 et seq. |
| Probate court | District Court in each of 64 counties — EXCEPT Denver County, which has its own Denver Probate Court | CRS § 15-12-201 |
| Small estate affidavit | Personal property only; threshold adjusts annually for inflation (~$86K for 2025 deaths); 10-day wait after death; no real estate; Form JDF 999 | CRS § 15-12-1201 |
| Informal probate | Filed with Probate Registrar (not a judge); no hearing required; most common track | CRS § 15-12-301 |
| Formal probate | Requires petition, judicial hearing, and court orders; either unsupervised or supervised administration | CRS § 15-12-401 |
| Filing fee | $199 — same for both informal and formal probate | Colorado Judicial Branch fee schedule |
| Notice to heirs/devisees | Within 30 days of appointment; Form JDF 940 | CRS § 15-12-705 |
| Notice to creditors | Published 3 consecutive weekly notices; creditor period = earlier of 4 months from first publication OR 1 year from death | CRS § 15-12-801 |
| Known creditors | Must be mailed direct notice; get 60 days from mailing or remainder of publication period, whichever is later | CRS § 15-12-803 |
| Inventory | Within 3 months of appointment; filed with court; provided to requesting heirs within 30 days | CRS § 15-12-706 |
| Minimum open period | 6 months — all Colorado probate cases must remain open at least 6 months | CRS § 15-12-1001 |
| Informal closing | Closing Statement (CRS § 15-12-1003); no detailed court accounting required | CRS § 15-12-1003 |
| 3-year filing deadline | Probate must be initiated within 3 years of death | CRS § 15-12-108 |
| Executor compensation | Reasonable — no statutory percentage; typically 1.5%–3% in practice for routine estates | CRS § 15-12-719 |
| CO estate tax | None | — |
| CO inheritance tax | None | — |
| Transfer-on-Death deed | Available for real estate — records with County Clerk and Recorder; bypasses probate | CRS § 15-15-401 |
2 Small estate affidavit — inflation-adjusted, 10-day wait
Colorado's small estate affidavit under CRS § 15-12-1201 is one of the most accessible in the country — the threshold adjusts annually for inflation, and the 10-day waiting period is the shortest of any state. No court filing is required. The affidavit (Form JDF 999) is simply presented to whoever holds the asset.
Colorado Small Estate Affidavit — CRS § 15-12-1201
Threshold adjusts annually for inflation · 10-day wait (shortest in country) · Form JDF 999 · No real estate
Thresholds by year of death
Requirements to use the affidavit
3 The three tracks — and when to use each
For estates that don't qualify for the small estate affidavit — primarily those with real estate or personal property above the threshold — Colorado's UPC framework provides three distinct tracks. Critically: both informal and formal probate carry the same $199 filing fee, which means there is no financial disincentive to choosing the correct track.
The Denver Probate Court — Colorado's only dedicated probate venue
Every Colorado county handles probate through its District Court — except Denver. The City and County of Denver has a standalone Denver Probate Court, which functions as a dedicated, specialized probate court separate from Denver District Court. This is significant for several reasons:
| Feature | Denver County | All other 63 counties |
|---|---|---|
| Court name | Denver Probate Court | District Court of [County] County |
| Creditor notice cites | "Probate Court of the City and County of Denver" | "District Court of [County] County, Colorado" |
| Specialization | Dedicated probate judges with specialized expertise | General-jurisdiction District Court judges |
| E-filing | Mandatory for attorneys; Colorado Courts E-Filing (CCE) | Same CCE system; mandatory for attorneys statewide |
| Volume | Highest probate volume in state; some scheduling delays | Varies; mountain and rural counties typically faster |
| Filing fee | $199 | $199 (same statewide) |
4 The creditor deadline — "whichever occurs first"
Colorado's creditor claim period under CRS § 15-12-801 has a distinctive two-headed structure that is frequently misunderstood — even by practitioners. Creditors must file claims by whichever of these two dates occurs first:
Colorado creditor claim deadline — whichever occurs FIRST
CRS § 15-12-801 · Published creditors AND known (mailed) creditors
5 Informal probate — step by step (Track 2)
Informal probate through the Probate Registrar is the standard path for most Colorado estates. There is no court hearing, no judicial review of each action, and no detailed final accounting — the estate closes with a simple Closing Statement.
- 1
Determine the correct court and check small estate eligibility Do this first
Identify which court has jurisdiction: Denver County residents file at Denver Probate Court; all other Colorado residents file at the District Court in their county. Calculate the total personal probate estate — if it's under the current inflation-adjusted threshold (~$86,000 for 2025 deaths) and there's no real estate, use the small estate affidavit (Form JDF 999) and skip full probate entirely. If real estate is involved or the estate exceeds the threshold, proceed to informal probate.
- 2
File Application with Probate Registrar — no hearing needed $199 filing fee
File an Application for Informal Probate of Will and/or Informal Appointment of Personal Representative (Form JDF 910 for formal, JDF 911 for informal) with the appropriate court. Include the original will (must be lodged with the court), certified death certificate, proposed PR information, and the $199 filing fee. The Registrar reviews the application — if it's complete and uncontested, Letters may be issued without scheduling a hearing. For formal probate, a hearing is required.
JDF 911 (Informal Application)Original will (lodged with court)Certified death certificates × 4–6$199 filing fee - 3
Receive Letters Testamentary / Letters of Administration
The Registrar issues Letters Testamentary (testate) or Letters of Administration (intestate) authorizing the Personal Representative to act on behalf of the estate. Order at least 6–8 certified copies — each bank, brokerage, title company, and DMV requires its own. The Letters are valid until the estate closes or the court terminates them. Once Letters are issued, the 30-day notice to heirs deadline and 3-month inventory deadline begin running.
Letters Testamentary / Letters of AdministrationCertified copies — order 6–8 - 4
Mail notice to heirs and devisees within 30 days 30-day deadline
Within 30 days of appointment, mail written notice to all heirs and devisees (Form JDF 940) informing them of the probate proceeding and their right to request copies of the inventory and other filings (CRS § 15-12-705). Known heirs have 3 years from the date of the appointment order to contest the probate — but earlier notice limits this window to 4 months after appointment for formal testacy proceedings.
JDF 940 (Notice of Appointment to Heirs)Deadline: 30 days from appointment - 5
Publish Notice to Creditors — 3 consecutive weekly notices Start creditor clock promptly
Publish Notice to Creditors in a daily or weekly newspaper in the county where the estate is administered — at least 3 times in 3 successive calendar weeks (CRS § 15-12-801). Publish promptly after appointment to ensure creditors get the full 4-month window before the 1-year death anniversary cuts it off. Also mail direct notice to all known creditors. Known creditors get the later of 60 days from mailing or the remaining publication period.
Notice to Creditors (3-week publication)Direct mail to known creditorsPublication: ~$40–$120 depending on county - 6
File inventory within 3 months 3-month Colorado deadline
Within 3 months of appointment, file a complete inventory of all estate assets with the court, listing each asset and its fair market value as of the date of death (CRS § 15-12-706). Provide copies to any heir, devisee, or creditor who requests it within 30 days of the written request. Proper inventory is also the foundation for any estate income tax filings and for the eventual Closing Statement.
- 7
Administer estate independently — pay debts, file taxes, distribute
With Letters in hand, collect all estate assets, pay valid creditor claims after the creditor period expires, file the decedent's final federal income tax return (Form 1040) and estate income tax return (Form 1041 if income exceeds threshold), and distribute remaining assets per the will or Colorado intestacy law. Colorado has no state estate tax return to file. Transfer-on-Death deeds for real estate or personal property transfer outside the probate estate.
- 8
File Closing Statement — no earlier than 6 months after appointment No detailed accounting needed
After all debts are paid, taxes filed, and assets distributed, close the estate by filing a Closing Statement with the court (CRS § 15-12-1003). The Closing Statement cannot be filed until at least 6 months after appointment. Send copies to all distributees and known unpaid creditors. The Closing Statement certifies that all estate administration duties have been completed. No detailed line-by-line accounting is required — a significant advantage over states like Virginia (Commissioner of Accounts review) or North Carolina (annual accountings). If no proceedings are pending 1 year after filing, the PR is automatically discharged.
Closing Statement (CRS § 15-12-1003)Copies to all distributees and unpaid creditorsEarliest: 6 months after appointment
6 Timeline & costs
| Scenario | Timeline | Key driver |
|---|---|---|
| Small estate affidavit (personal property ≤ ~$86K) | 10 days + weeks | 10-day wait; affidavit presented to institution |
| Informal probate — simple, cooperative estate | 6–10 months | 4-month creditor period + 6-month minimum open; 3-month inventory |
| Informal probate — real estate sale involved | 8–14 months | Property sale process + creditor period + Closing Statement |
| Denver Probate Court (higher volume) | 8–14 months | Higher volume; some scheduling delays |
| Formal unsupervised probate | 9–18 months | Initial hearing + judicial orders for major actions |
| Formal supervised probate | 12–24+ months | Court approval required for significant actions throughout |
| Contested will or PR dispute | 18–36+ months | Evidentiary hearings; potential appeal |
| Cost item | Typical amount | Notes |
|---|---|---|
| Court filing fee | $199 (all tracks) | Same fee for informal and formal — unique feature of Colorado UPC system |
| Small estate affidavit | $0 filing fee | No court filing required; presented directly to institution |
| Certified copies of Letters | ~$20 per copy | Order 6–8; each institution needs its own |
| Notice to creditors publication | ~$40–$120 | 3 weeks; varies by county newspaper |
| CO estate tax | $0 | No Colorado state estate tax |
| PR compensation | 1.5%–3% typical | Reasonable; no statutory percentage; court reviews if disputed |
| Attorney fees (informal) | $3,500–$5,000 | Simple informal probate; hourly $250–$450/hr in Colorado |
| Attorney fees (formal contested) | $5,000–$15,000+ | Hearings; judicial proceedings; more complex |
7 Colorado probate forms — the JDF series
Colorado uses standardized JDF (Judicial Department Form) numbered forms for all probate proceedings, available at courts.state.co.us. Attorneys must e-file through the Colorado Courts E-Filing (CCE) system; self-represented litigants may file in person. The forms below are current as of June 2026 — always verify on the Colorado Judicial Branch website before filing.
Used when the total personal estate (no real estate) is at or below the current inflation-adjusted threshold and at least 10 days have passed since death. Presented directly to the institution holding the asset — no court filing required. For motor vehicles specifically, use Form DR 2712 through the Colorado DMV. Threshold adjusts annually; confirm current amount for the year of death.
Filed with the Probate Registrar (not a judge) to admit the will and appoint a Personal Representative for informal probate. No hearing required for uncontested applications. Include the original will (must be lodged with court), proposed PR information, heir/devisee list, and $199 filing fee. The Registrar issues Letters upon approving the application.
Filed to open formal probate with a judge when there are will contests, disputed PR appointments, or other issues requiring judicial oversight. Requires notice to all interested parties before the hearing. A hearing is scheduled and the judge issues orders. Same $199 filing fee as informal. Both unsupervised and supervised formal administration begin with this form.
Issued by the court after the application is approved. Authorizes the Personal Representative to access estate assets, deal with financial institutions, list and sell property, and take all other estate actions. Order 6–8 certified copies at $20 each — each institution needs its own. Valid until the estate closes or Letters are revoked.
Mailed to all heirs and devisees within 30 days of appointment (CRS § 15-12-705). Informs them of the probate proceeding, their right to request copies of the inventory and other filings, and their right to contest the appointment or will validity (within 3 years of appointment generally; 4 months for formal testacy proceedings if earlier notice was given).
Published in a daily or weekly newspaper in the estate's county at least 3 times in 3 successive calendar weeks (CRS § 15-12-801). Denver estates cite the Denver Probate Court; all others cite their District Court. Publish promptly after appointment so the 4-month window runs fully before the 1-year-from-death hard cutoff.
Filed with the court within 3 months of appointment (CRS § 15-12-706). Lists all probate assets with fair market values as of the date of death. Provided to any heir, devisee, or creditor who requests it in writing within 30 days of the request. The inventory is a public document when filed. Foundation for the eventual Closing Statement.
Filed to close an informally administered estate — not earlier than 6 months after appointment. Certifies all debts paid, taxes filed, assets distributed. Sent to all distributees and known creditors with unpaid claims. No detailed line-by-line accounting required. If no proceedings are pending 1 year after filing, the PR is automatically discharged — estate is closed.
8 Colorado probate courts — all 64 counties
Colorado has 64 counties. All use District Court for probate — except Denver, which has the dedicated Denver Probate Court (gold border). File in the county where the decedent was domiciled at death. Most Colorado courts accept e-filing through the Colorado Courts E-Filing (CCE) system; mandatory for attorneys statewide.
Showing all 64 Colorado counties