Probate in Colorado
Probate is the process of settling a deceased person's estate. Colorado follows the Uniform Probate Code and offers three paths depending on the estate — a small-estate affidavit, informal probate handled by a registrar, or formal probate before a judge. This hub explains each, plus costs, deadlines, and how to find local help.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Colorado, like most states, follows the Uniform Probate Code, which keeps many estates out of a courtroom. Which path applies depends mostly on the estate’s size and whether anyone disputes it: a small-estate affidavit (no court case), informal probate (handled by a registrar without a hearing), or formal probate (before a judge). One thing that surprises people coming from California: Colorado has no statutory percentage fee — attorneys and personal representatives are paid only reasonable compensation. The guides below walk through the process, costs, and a personal representative’s duties.
Guides
- Colorado Probate Costs & Fees
Colorado does not set probate attorney or personal-representative fees as a percentage of the estate. Instead, both are entitled to reasonable compensation (C.R.S. §15-10-602), judged by factors like time and complexity. On top of fees, expect a court filing fee (about $229 to open a standard decedent's estate as of early 2025) plus costs like publication and appraisals.
- Do You Need a Lawyer for Colorado Probate?
Colorado doesn't require a lawyer for probate, and its informal probate process is relatively DIY-friendly with the Judicial Branch's self-help forms. But because Colorado attorneys charge reasonable (often hourly) fees rather than a percentage, hiring counsel is usually worth it for formal probate, disputes, real estate, or larger estates.
- Colorado Personal Representative Duties
A Colorado personal representative is a fiduciary who must notify interested parties (within 30 days of appointment), inventory the estate's assets (within 90 days), give notice to creditors and handle their claims, pay valid debts and taxes, and distribute what remains before closing the estate.
- The Colorado Probate Process: Informal vs. Formal
Colorado offers three paths to settle an estate: a small-estate affidavit (no court case), informal probate handled by a registrar with no hearing, and formal probate before a judge when there's a dispute. Most cases are filed in the county District Court — except in Denver, which has its own Probate Court.
- Colorado Small Estate Affidavit
If a Colorado estate's personal property is at or under the inflation-adjusted limit — $88,000 for deaths in 2026 — heirs can collect it using a Collection of Personal Property by Affidavit, with no court case, once 10 days have passed since the death. It can't be used to transfer real estate.
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