Colorado Probate Process: Informal vs. Formal Probate

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 follows the Uniform Probate Code, which means many estates are settled with little or no court involvement. The right path depends on the size of the estate and whether anyone disputes it.

1. Small estate — affidavit, no court

If the estate is small enough, an heir can collect property using a Collection of Personal Property by Affidavit — no court case at all. See Colorado small estates for the current dollar limit and how it works.

2. Informal probate — handled by a registrar

When there’s a valid, clear will (or clear heirs) and no dispute, the estate goes through informal probate. A probate registrar — not a judge — reviews the paperwork and appoints the personal representative. There’s no hearing. This is the most common path.

3. Formal probate — before a judge

If the will is unclear or invalid, heirs disagree, or the estate is complicated, the case goes through formal probate, with a judge and hearings.

Where you file

Probate is filed in the District Court of the county where the person lived — except in Denver, which has a dedicated Denver Probate Court.

Next, see Colorado probate costs, the personal representative’s duties, and whether you need a lawyer. To get matched with a local Colorado probate attorney, connect with a lawyer.

Frequently asked questions

What are the three ways to handle an estate in Colorado?

A small-estate Collection of Personal Property by Affidavit (no court case); informal probate, handled administratively by a probate registrar with no hearing; and formal probate, before a judge, used when there are disputes or complications.

What's the difference between informal and formal probate?

Informal probate is reviewed by a registrar without a court hearing and is used when the will is clear and no one is fighting. Formal probate involves a judge and hearings, for contested wills, unclear documents, or complex estates.

Where is probate filed in Colorado?

In the District Court of the county where the person lived — except in Denver, which has a separate Denver Probate Court created by the Colorado Constitution.

Who runs the estate?

The personal representative (Colorado's term for an executor or administrator), appointed by the court or registrar.

Related guides

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.

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.

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.

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.

The Colorado Probate Process: Informal vs. Formal