How Probate Works in Colorado

Does Colorado require probate?

Not always. Colorado is one of the most probate-friendly states in the country, thanks to its adoption of the Uniform Probate Code (UPC). Many estates can be settled with minimal court involvement or avoided entirely.

Estates with personal property under $80,000 (excluding real estate) can skip probate by using a small estate affidavit. For larger estates, Colorado's informal probate process allows most cases to move through the system without a single court hearing.

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What court handles probate in Colorado?

Probate in Colorado is handled by the District Court in the county where the deceased person lived. Colorado does not have a separate probate court. Instead, the probate division within each district court manages all estate matters.

Colorado has one of the strictest will-filing rules in the country: the person in possession of a will must deliver it to the court within 10 days of learning of the death (Colorado Revised Statutes § 15-11-516). This does not mean probate must be opened within 10 days, only that the physical will must be filed with the court.

Failing to file the will within this window can expose the person holding the will to legal liability.

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Small estate threshold

Estates where the deceased's personal property is valued at $80,000 or less (excluding real estate) can use a small estate affidavit to collect assets without probate (C.R.S. § 15-12-1201).

Requirements:

• At least 10 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The total value of personal property (not including real estate) does not exceed $80,000.
• The person filing the affidavit is entitled to the property under the will or intestate law.

The affidavit can be presented to banks, financial institutions, and other holders of the deceased's property to claim assets directly. Real estate cannot be transferred this way and requires either probate or a separate legal process.

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Simplified probate options

Colorado's adoption of the Uniform Probate Code provides two main probate tracks:

Informal probate. The most common path for uncontested estates. A personal representative files an application with the probate registrar, and the appointment happens without a court hearing. The personal representative then manages the estate, pays debts, and distributes assets with minimal court oversight. Most Colorado estates use this process.

Formal probate. Reserved for contested situations, such as disputes over the will's validity, disagreements among heirs, or complex estates. Formal probate requires a court hearing and a judge's direct involvement.

Supervised administration. In rare cases, the court may require full supervision, where each step (selling assets, paying debts, distributing property) requires court approval. This is uncommon and usually only happens when there are serious concerns about mismanagement.

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What if there is no will?

When someone dies without a will in Colorado, the estate follows the state's intestate succession laws (C.R.S. § 15-11-101 et seq.).

If the deceased was married:

• Spouse, no descendants (or all descendants are also the surviving spouse's descendants). The surviving spouse inherits the entire estate.
• Spouse and descendants from a prior relationship. The surviving spouse receives the first $150,000 of the estate plus 50% of the balance. The remaining portion goes to the deceased's descendants.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Colorado different?

The 10-day will filing rule

Colorado requires anyone in possession of a will to file it with the District Court within 10 days of learning of the death. This is one of the strictest filing windows in the country. Most states either have no deadline or allow 30 days or more.

This rule catches people off guard. If a family member is holding a will at home, they must get it to the court quickly, even if they are not yet ready to open probate.

Uniform Probate Code state

Colorado adopted the Uniform Probate Code, which standardizes and simplifies the probate process. The practical effect is that most estates move through the system faster, with less paperwork and lower legal costs than in non-UPC states.

The $150,000 spousal share

When there is no will and the deceased has children from a prior relationship, the surviving spouse still receives the first $150,000 of the estate before splitting the remainder. This spousal share under intestate law is more generous than many states and protects the surviving spouse's financial stability.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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