How Probate Works in Colorado
The probate process in Colorado: the court, the steps, simplified options, creditor deadlines and who can serve as executor.
Short 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. C.R.S. §§ 15-12-108, 15-12-706, 15-12-801, 15-12-1003; Colorado Judicial Branch, Open an Estate
| 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. |
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| 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. |
| 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. |
| 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. |
| 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. |
Official forms
- Colorado Judicial Branch probate forms list for opening an estate (JDF 906, 907, 910, 913, 915, 916, 917, 920, 922, 721)
- Colorado Judicial Branch — Open an Estate (probate forms)
More Colorado estate law
- Medical Power of Attorney in Colorado
- Small Estate Affidavit in Colorado
- Power of Attorney in Colorado
- Quitclaim Deeds and Transferring Property in Colorado
- Who Inherits If You Die Without a Will in Colorado
- How to Make a Valid Will in Colorado
- Living Wills and Advance Directives in Colorado
- Revocable Living Trusts in Colorado
- Executor Duties in Colorado
- Letters Testamentary in Colorado
- Affidavit of Heirship in Colorado
- How to Avoid Probate in Colorado
- Transferring a Car After Someone Dies in Colorado
- All Colorado wills, probate and estate rules
FAQ
How does probate work in Colorado?
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.
Is there a simplified probate process in Colorado?
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.
How long do creditors have to file claims against an estate in Colorado?
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.
Who can be an executor in Colorado?
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.
What is the small estate limit in Colorado?
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.
How do I search probate court records in Colorado?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.