Question 1

What makes a will valid in Colorado?

Accepted Answer

Anyone 18 or older and of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their conscious presence and at their direction). It must then either be signed by at least two witnesses who saw the signing or the will-maker's acknowledgment of the signature or will (witnesses may sign within a reasonable time, even after death), or be acknowledged by the will-maker before a notary. A court can also accept a document that does not meet these rules if there is clear and convincing evidence the person intended it as their will.

Question 2

Is a handwritten will valid in Colorado?

Accepted Answer

Yes. A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material portions are in the will-maker's own handwriting.

Question 3

Does a will need to be notarized in Colorado?

Accepted Answer

Yes. A witnessed will can be made self-proved at signing (or later) when the will-maker and witnesses sign sworn statements before an officer authorized to give oaths, such as a notary, whose certificate is attached under official seal. The statute gives the wording.

Question 4

Who inherits if someone dies without a will in Colorado?

Accepted Answer

The surviving spouse takes the whole estate if the decedent left no descendants or parents, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes a set dollar amount plus a fraction of the rest: $300,000 plus three-quarters if a parent but no descendant survives; $225,000 plus one-half if all descendants are shared but the spouse has other descendants; $150,000 plus one-half if any of the decedent's descendants are not the spouse's. These dollar amounts are adjusted each year for inflation. The rest goes to descendants (per capita at each generation), then parents, then the parents' descendants (siblings and their lines), then grandparents' families.

Question 5

What is a surviving spouse entitled to in Colorado?

Accepted Answer

A surviving spouse of a decedent who lived in Colorado may elect to take 50% of the marital-property portion of the augmented estate (which counts many non-probate transfers). If that and other amounts total less than $50,000 (adjusted for inflation), the spouse also gets a supplemental amount to bring it up to that figure. Exempt property and the family allowance are in addition to the elective share.

Question 6

What is the small estate limit in Colorado?

Accepted Answer

A successor can collect the decedent's personal property (bank accounts, safe deposit box contents, vehicles, stocks, money owed) by presenting an affidavit (form JDF 999) to whoever holds it, if at least 10 days have passed since death, no personal representative has been appointed or applied for anywhere, and the estate's value less liens is no more than the inflation-adjusted limit for the year of death: $88,000 for 2026 deaths, $86,000 for 2025, $82,000 for 2024. The affidavit is not filed with the court and cannot be used to transfer real estate.

Question 7

Is there a simplified probate process in Colorado?

Accepted Answer

Colorado offers informal probate (no hearing; a probate registrar reviews the application) as well as formal probate. If the inventory shows the estate is worth no more than the exempt property and family allowances, administration costs, reasonable funeral expenses and last-illness medical bills, the personal representative may distribute immediately without notice to creditors and close the estate with a sworn statement.

Question 8

How does probate work in Colorado?

Accepted Answer

File in the district court of the county where the decedent lived (Denver Probate Court in Denver), no sooner than 120 hours after death; most proceedings must start within three years of death. Choose informal or formal probate, with or without a will (for example, Application for Informal Probate JDF 910, or Petition for Formal Probate JDF 920). After appointment, the personal representative files an acceptance (JDF 911), receives letters (JDF 915), sends an Information of Appointment (JDF 940) to interested persons within 30 days, publishes notice to creditors, prepares an inventory (JDF 941) within three months (sent to interested persons on request rather than filed with the court), pays claims, distributes the estate, and may close by sworn statement no earlier than six months after appointment or one year after death, whichever comes first.

Question 9

How long do creditors have to file claims against an estate in Colorado?

Accepted Answer

The personal representative publishes a notice to creditors once a week for three weeks. Claims that arose before death are barred unless presented by the date in the notice (no earlier than four months after first publication), by the date in any written notice sent to a creditor, and in any case within one year after death.

Question 10

Who can be an executor in Colorado?

Accepted Answer

Priority for appointment: the person named in the will, then a surviving spouse (or civil union partner) who inherits under the will, other will beneficiaries, the surviving spouse or partner, other heirs, and after 45 days any creditor. A personal representative must be at least 21 and not found unsuitable by the court. A personal representative who does not live in Colorado files an Irrevocable Power of Attorney (JDF 721). No bond is required in informal proceedings unless the will requires it or an interested person asks; in formal proceedings the court may require bond.

Question 11

Does Colorado allow transfer-on-death deeds?

Accepted Answer

Yes, called a beneficiary deed. The owner signs a deed naming a grantee-beneficiary that says it 'conveys on death' or 'transfers on death' (or otherwise shows it takes effect at death) and records it with the county clerk and recorder before the owner dies. The beneficiary has no rights during the owner's life, and the owner can revoke or change it by recording a new instrument (not by will). The statute provides a form.

Question 12

What does a quitclaim deed need to be valid in Colorado?

Accepted Answer

Deeds are recorded with the county clerk and recorder of the county where the property is located; an unrecorded deed is not valid against a later buyer who records first. A deed acknowledged before a notary or other proper officer in the statutory form is prima facie evidence of proper signing. Each deed must be accompanied by a Real Property Transfer Declaration signed by the grantor or grantee. A state documentary fee of one cent per $100 of consideration applies when the consideration is over $500 (none if $500 or less).

Question 13

What are the requirements for a power of attorney in Colorado?

Accepted Answer

Colorado has a Statutory Form Power of Attorney under its Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by someone at the principal's direction in their conscious presence). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney made on or after January 1, 2010 is durable unless it says it ends when the principal becomes incapacitated.

Question 14

What are the requirements for a health care directive in Colorado?

Accepted Answer

Colorado recognizes a medical durable power of attorney, which names an agent to consent to or refuse medical treatment when the person lacks decisional capacity; the statute does not set a witness or notary requirement for it. A living will (declaration as to medical treatment) lets an adult with decisional capacity direct that life-sustaining procedures be withheld if they have a terminal condition or are in a persistent vegetative state; it must be signed in front of two witnesses or acknowledged before a notary, and certain interested people cannot serve as witness or notary.

Question 15

Does Colorado have an estate or inheritance tax?

Accepted Answer

No inheritance tax. Colorado's estate tax is set equal to the federal credit for state death taxes; because that federal credit is no longer available, no Colorado estate tax is due in practice.

Question 16

How do I make a living will in Colorado?

Accepted Answer

Colorado calls a living will a "declaration as to medical treatment" under the Colorado Medical Treatment Decision Act. Any adult with decisional capacity may sign one directing that life-sustaining procedures be withheld or withdrawn if they later have a terminal condition or are in a persistent vegetative state and cannot decide for themselves; it can also state preferences on artificial nutrition and hydration. It must be signed in front of two witnesses or acknowledged before a notary. The person signing for a declarant who cannot sign, and the witnesses or notary, cannot be a physician, an employee of the attending physician or facility, or a person with a claim against, or expecting to inherit from, the estate. The declarant is responsible for giving it to the attending physician or nurse for the medical record.

Question 17

How do I make a medical power of attorney in Colorado?

Accepted Answer

Colorado calls it a "medical durable power of attorney." It names an agent to consent to or refuse medical treatment, including artificial nourishment and hydration, when the principal lacks decisional capacity, and may include directions and limits. The statute does not set a witness or notary requirement. The agent must follow the principal's stated directions and known wishes (or best interests if none are known), may access medical records, and cannot override the principal's objection. Divorce or legal separation automatically revokes the appointment of a spouse as agent unless the document says otherwise. An organ and tissue donation statement may be attached.

Question 18

How do living trusts work in Colorado?

Accepted Answer

Colorado adopted the Uniform Trust Code as the Colorado Uniform Trust Code, effective January 1, 2019. For trusts created by instruments signed on or after August 7, 2013, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by substantially following the method in the trust or, if that method is not exclusive, by any other method showing clear and convincing evidence of intent. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may need probate or a small estate affidavit.

Question 19

What does an executor have to do in Colorado?

Accepted Answer

Within 30 days after appointment, the personal representative sends an Information of Appointment to interested persons. Unless a year has passed since death, the representative publishes a notice to creditors at least once a week for three successive weeks; claims are due by the date in the notice (at least four months after first publication) and in any case within one year after death. Within three months after appointment, the representative prepares a sworn inventory with date-of-death values and encumbrances, sends it to interested persons who request it (or files it with the court), and sends a copy to the Attorney General if heirs or devisees are unknown. The representative pays claims, distributes the estate, and may close an unsupervised estate by a verified closing statement filed no earlier than six months after appointment or one year after death, whichever comes first, after sending it and a full written account to distributees and known unpaid claimants.

Question 20

How do I get letters testamentary in Colorado?

Accepted Answer

To act, a personal representative must be appointed by order of the court or registrar, qualify, and be issued letters; administration begins when letters issue. Filings go to the district court of the county where the decedent lived (Denver Probate Court in Denver), no sooner than 120 hours after death, and most proceedings must start within three years after death. Common Colorado Judicial Branch forms are the Application for Informal Probate (JDF 910) or Petition for Formal Probate (JDF 920), the Acceptance of Appointment (JDF 911), and Letters (JDF 915). Colorado uses "Letters Testamentary" when there is a will and "Letters of Administration" when there is not. A bond is generally not required in informal proceedings unless the will or court requires one.

Question 21

Does Colorado have an affidavit of heirship?

Accepted Answer

No statute. Colorado has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used to transfer real property. Real estate titled in the decedent's name alone (without a beneficiary deed or survivorship) generally passes through a probate proceeding, in which a personal representative's deed or a court determination of heirs is recorded.

Question 22

How can you avoid probate in Colorado?

Accepted Answer

Non-probate options in Colorado include: beneficiary deeds for real estate, recorded before death (C.R.S. § 15-15-402 and following); payable-on-death and joint survivorship accounts (C.R.S. §§ 15-15-212, 15-15-223); transfer-on-death registration of securities (C.R.S. § 15-15-301 and following); a Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) for vehicles, completed by the owner before death; joint tenancy with right of survivorship; property in a funded revocable trust (C.R.S. § 15-5-602); and the small estate affidavit for personal property up to $88,000 for 2026 deaths (C.R.S. § 15-12-1201).

Question 23

Where can I get a power of attorney form in Colorado?

Accepted Answer

Colorado has an optional "State of Colorado Statutory Form Power of Attorney" for property and finances (C.R.S. 15-14-741, part of its Uniform Power of Attorney Act). A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction; the signature is presumed genuine if the principal acknowledges it before a notary public (C.R.S. 15-14-705). The statutory form does not cover health care decisions; those are made through a medical durable power of attorney, which can set out an agent's authority to consent to or refuse medical treatment (C.R.S. 15-14-506).

Question 24

How do I search probate court records in Colorado?

Accepted Answer

Probate is handled by the district court in the county where the person who died lived; in Denver County, estates are filed in the Denver Probate Court. If the person lived in another state, you can file in any Colorado county where they owned property.

Question 25

How do I transfer a car title after someone dies in Colorado?

Accepted Answer

Title transfers after death are done at the county motor vehicle office. Sole owner: bring the death certificate and Letters Testamentary, Letters of Administration, or small estate papers naming the new owner; that person signs the title. Joint tenancy with right of survivorship: the surviving owner brings a copy of the death certificate. Tenants in common: bring the death certificate and the letters or small estate papers identifying who receives the deceased owner's half; that person and the other owner sign. If the deceased owner completed the Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) before death, it can be used instead of letters or small estate papers.

Requirements for a valid will	Anyone 18 or older and of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their conscious presence and at their direction). It must then either be signed by at least two witnesses who saw the signing or the will-maker's acknowledgment of the signature or will (witnesses may sign within a reasonable time, even after death), or be acknowledged by the will-maker before a notary. A court can also accept a document that does not meet these rules if there is clear and convincing evidence the person intended it as their will. Statute text from the Colorado Revised Statutes 2024 edition published by the Colorado General Assembly. Source: C.R.S. §§ 15-11-501, 15-11-502, 15-11-503
Handwritten (holographic) wills	Yes. A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material portions are in the will-maker's own handwriting. Source: C.R.S. § 15-11-502(2)
Self-proving affidavit	Yes. A witnessed will can be made self-proved at signing (or later) when the will-maker and witnesses sign sworn statements before an officer authorized to give oaths, such as a notary, whose certificate is attached under official seal. The statute gives the wording. Source: C.R.S. § 15-11-504

Probate steps	File in the district court of the county where the decedent lived (Denver Probate Court in Denver), no sooner than 120 hours after death; most proceedings must start within three years of death. Choose informal or formal probate, with or without a will (for example, Application for Informal Probate JDF 910, or Petition for Formal Probate JDF 920). After appointment, the personal representative files an acceptance (JDF 911), receives letters (JDF 915), sends an Information of Appointment (JDF 940) to interested persons within 30 days, publishes notice to creditors, prepares an inventory (JDF 941) within three months (sent to interested persons on request rather than filed with the court), pays claims, distributes the estate, and may close by sworn statement no earlier than six months after appointment or one year after death, whichever comes first. Source: C.R.S. §§ 15-12-108, 15-12-706, 15-12-801, 15-12-1003; Colorado Judicial Branch, Open an Estate
Simplified probate	Colorado offers informal probate (no hearing; a probate registrar reviews the application) as well as formal probate. If the inventory shows the estate is worth no more than the exempt property and family allowances, administration costs, reasonable funeral expenses and last-illness medical bills, the personal representative may distribute immediately without notice to creditors and close the estate with a sworn statement. Source: C.R.S. §§ 15-12-1203, 15-12-1204; Colorado Judicial Branch, Open an Estate
Small estate affidavit	A successor can collect the decedent's personal property (bank accounts, safe deposit box contents, vehicles, stocks, money owed) by presenting an affidavit (form JDF 999) to whoever holds it, if at least 10 days have passed since death, no personal representative has been appointed or applied for anywhere, and the estate's value less liens is no more than the inflation-adjusted limit for the year of death: $88,000 for 2026 deaths, $86,000 for 2025, $82,000 for 2024. The affidavit is not filed with the court and cannot be used to transfer real estate. The limit is twice the inflation-adjusted exempt property amount and changes each year. Source: C.R.S. § 15-12-1201; JDF 998 (rev. March 19, 2026)
Deadline for creditor claims	The personal representative publishes a notice to creditors once a week for three weeks. Claims that arose before death are barred unless presented by the date in the notice (no earlier than four months after first publication), by the date in any written notice sent to a creditor, and in any case within one year after death. Source: C.R.S. §§ 15-12-801, 15-12-803
Who can be executor	Priority for appointment: the person named in the will, then a surviving spouse (or civil union partner) who inherits under the will, other will beneficiaries, the surviving spouse or partner, other heirs, and after 45 days any creditor. A personal representative must be at least 21 and not found unsuitable by the court. A personal representative who does not live in Colorado files an Irrevocable Power of Attorney (JDF 721). No bond is required in informal proceedings unless the will requires it or an interested person asks; in formal proceedings the court may require bond. Source: C.R.S. §§ 15-12-203, 15-12-603; Colorado Judicial Branch, Open an Estate
Finding probate court records	Probate is handled by the district court in the county where the person who died lived; in Denver County, estates are filed in the Denver Probate Court. If the person lived in another state, you can file in any Colorado county where they owned property. Source: Colorado Judicial Branch, Self-Help: Open an Estate

Financial power of attorney	Colorado has a Statutory Form Power of Attorney under its Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by someone at the principal's direction in their conscious presence). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney made on or after January 1, 2010 is durable unless it says it ends when the principal becomes incapacitated. Source: C.R.S. §§ 15-14-704, 15-14-705, 15-14-741
Health care directive	Colorado recognizes a medical durable power of attorney, which names an agent to consent to or refuse medical treatment when the person lacks decisional capacity; the statute does not set a witness or notary requirement for it. A living will (declaration as to medical treatment) lets an adult with decisional capacity direct that life-sustaining procedures be withheld if they have a terminal condition or are in a persistent vegetative state; it must be signed in front of two witnesses or acknowledged before a notary, and certain interested people cannot serve as witness or notary. Source: C.R.S. §§ 15-14-506, 15-18-104, 15-18-106
Official power of attorney forms	Colorado has an optional "State of Colorado Statutory Form Power of Attorney" for property and finances (C.R.S. 15-14-741, part of its Uniform Power of Attorney Act). A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction; the signature is presumed genuine if the principal acknowledges it before a notary public (C.R.S. 15-14-705). The statutory form does not cover health care decisions; those are made through a medical durable power of attorney, which can set out an agent's authority to consent to or refuse medical treatment (C.R.S. 15-14-506). Colorado Revised Statutes 2024, Title 15 (uncertified printout). Source: C.R.S. 15-14-741, 15-14-705, 15-14-506

Living will / advance directive	Colorado calls a living will a "declaration as to medical treatment" under the Colorado Medical Treatment Decision Act. Any adult with decisional capacity may sign one directing that life-sustaining procedures be withheld or withdrawn if they later have a terminal condition or are in a persistent vegetative state and cannot decide for themselves; it can also state preferences on artificial nutrition and hydration. It must be signed in front of two witnesses or acknowledged before a notary. The person signing for a declarant who cannot sign, and the witnesses or notary, cannot be a physician, an employee of the attending physician or facility, or a person with a claim against, or expecting to inherit from, the estate. The declarant is responsible for giving it to the attending physician or nurse for the medical record. Source: C.R.S. §§ 15-18-104, 15-18-105, 15-18-106
Medical power of attorney	Colorado calls it a "medical durable power of attorney." It names an agent to consent to or refuse medical treatment, including artificial nourishment and hydration, when the principal lacks decisional capacity, and may include directions and limits. The statute does not set a witness or notary requirement. The agent must follow the principal's stated directions and known wishes (or best interests if none are known), may access medical records, and cannot override the principal's objection. Divorce or legal separation automatically revokes the appointment of a spouse as agent unless the document says otherwise. An organ and tissue donation statement may be attached. Source: C.R.S. § 15-14-506
Revocable living trust	Colorado adopted the Uniform Trust Code as the Colorado Uniform Trust Code, effective January 1, 2019. For trusts created by instruments signed on or after August 7, 2013, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by substantially following the method in the trust or, if that method is not exclusive, by any other method showing clear and convincing evidence of intent. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may need probate or a small estate affidavit. Source: C.R.S. §§ 15-5-101, 15-5-602
Ways to avoid probate	Non-probate options in Colorado include: beneficiary deeds for real estate, recorded before death (C.R.S. § 15-15-402 and following); payable-on-death and joint survivorship accounts (C.R.S. §§ 15-15-212, 15-15-223); transfer-on-death registration of securities (C.R.S. § 15-15-301 and following); a Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) for vehicles, completed by the owner before death; joint tenancy with right of survivorship; property in a funded revocable trust (C.R.S. § 15-5-602); and the small estate affidavit for personal property up to $88,000 for 2026 deaths (C.R.S. § 15-12-1201). Source: C.R.S. §§ 15-15-212, 15-15-223, 15-15-301, 15-15-402, 15-5-602, 15-12-1201; Colorado DMV form DR 2009

Executor's duties	Within 30 days after appointment, the personal representative sends an Information of Appointment to interested persons. Unless a year has passed since death, the representative publishes a notice to creditors at least once a week for three successive weeks; claims are due by the date in the notice (at least four months after first publication) and in any case within one year after death. Within three months after appointment, the representative prepares a sworn inventory with date-of-death values and encumbrances, sends it to interested persons who request it (or files it with the court), and sends a copy to the Attorney General if heirs or devisees are unknown. The representative pays claims, distributes the estate, and may close an unsupervised estate by a verified closing statement filed no earlier than six months after appointment or one year after death, whichever comes first, after sending it and a full written account to distributees and known unpaid claimants. Source: C.R.S. §§ 15-12-706, 15-12-801, 15-12-803, 15-12-1003
Letters testamentary	To act, a personal representative must be appointed by order of the court or registrar, qualify, and be issued letters; administration begins when letters issue. Filings go to the district court of the county where the decedent lived (Denver Probate Court in Denver), no sooner than 120 hours after death, and most proceedings must start within three years after death. Common Colorado Judicial Branch forms are the Application for Informal Probate (JDF 910) or Petition for Formal Probate (JDF 920), the Acceptance of Appointment (JDF 911), and Letters (JDF 915). Colorado uses "Letters Testamentary" when there is a will and "Letters of Administration" when there is not. A bond is generally not required in informal proceedings unless the will or court requires one. Source: C.R.S. §§ 15-12-103, 15-12-108; Colorado Judicial Branch, Open an Estate
Affidavit / determination of heirship	No statute. Colorado has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used to transfer real property. Real estate titled in the decedent's name alone (without a beneficiary deed or survivorship) generally passes through a probate proceeding, in which a personal representative's deed or a court determination of heirs is recorded. Source: C.R.S. § 15-12-1201
Transferring a car after death	Title transfers after death are done at the county motor vehicle office. Sole owner: bring the death certificate and Letters Testamentary, Letters of Administration, or small estate papers naming the new owner; that person signs the title. Joint tenancy with right of survivorship: the surviving owner brings a copy of the death certificate. Tenants in common: bring the death certificate and the letters or small estate papers identifying who receives the deceased owner's half; that person and the other owner sign. If the deceased owner completed the Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) before death, it can be used instead of letters or small estate papers. Source: Colorado Division of Motor Vehicles, What to Do When a Loved One Dies

Colorado Wills, Probate and Estate Law

Quick answers for Colorado

Wills

If there is no will

Probate

Deeds and transferring a house

Power of attorney and health care directives

Estate and inheritance tax

Planning documents and avoiding probate

Executors and heirs

Official Colorado forms

Probate court and deed recording by county

Colorado estate law FAQ

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