Probate Services
When someone dies, probate is how their debts are paid and their property passes to the people who inherit it, under a court's oversight. Many Colorado estates go through a simple informal probate, and some need no probate at all.
Colorado calls the person in charge of an estate the personal representative (often called the executor). We guide personal representatives through each step, and represent families when a will is contested or a creditor objects.
How we help
- Opening an estate and advising the personal representative
- Informal and formal probate
- Small estates that can be settled by affidavit
- Estates with a home, farm or ranch land, a business or mineral interests
- Contested wills, disputes among heirs, and creditor claims
- Trust administration (see estate planning)
Is probate required?
Not always. Property that passes outside the will, such as accounts with a named beneficiary, property held in a trust, and property owned jointly with a right of survivorship, does not go through probate.
For a small estate, the family can often skip probate and collect the property by a sworn affidavit. For a death in 2026, that works when the estate is worth $88,000 or less after liens (the limit rises each year), at least ten days have passed since the death, and no one has asked the court to appoint a personal representative (C.R.S. 15-12-1201). The affidavit reaches bank accounts, vehicles and other personal property, but not a house or land, which needs a separate procedure or probate.
Informal probate is handled by the court's registrar, without a hearing, and fits most estates where no one disagrees. Formal probate is decided by a judge, and is used when the will or the choice of personal representative is disputed.
The steps of a Colorado probate
A typical estate follows this path. An uncontested estate often finishes in under a year; a contested one can take two years or more.
Deliver the will
Whoever has the original will must deliver it to the probate court in the county where the person lived, within ten days after learning of the death (C.R.S. 15-11-516).
Open the estate
An application or petition asks the court to accept the will, or to apply Colorado's rules for an estate without one, and to appoint a personal representative.
Appointment
The court issues letters that let the personal representative act for the estate. In informal probate no bond is required unless the will calls for one or an interested person asks (C.R.S. 15-12-603).
Notify heirs and creditors
Notice to creditors runs in a newspaper for three weeks. Claims are due by the date in the notice, at least four months later, and in any event within one year after the death (C.R.S. 15-12-801, 15-12-803).
Inventory and value
The personal representative lists the estate's property and its value, from the house and vehicles to accounts and land.
Pay debts and taxes
Valid claims, expenses and taxes are paid from the estate. Claims that are not valid can be disallowed.
Distribute
What is left goes to the beneficiaries named in the will, or, without a will, to the heirs Colorado law names.
Close the estate
The personal representative files a closing statement, no earlier than six months after being appointed (C.R.S. 15-12-1003), and the estate is closed.
Probate questions
Do I need a lawyer for probate?
Not every estate needs one. A simple, uncontested estate can sometimes be handled by the family. A lawyer helps when there is real estate or a farm, a business, a disagreement among heirs, creditor problems or an unclear will, and a personal representative who makes mistakes can be personally responsible for them.
What happens if there is no will?
The estate still goes through probate, and Colorado's intestacy laws decide who inherits, usually the spouse and children first. The court appoints a personal representative, often a close family member.
Can someone contest a will?
Yes, for example if they believe the person lacked capacity or was pressured, or that a later will exists. A contest moves the estate into formal probate before a judge, and the deadlines are short, so call early.
Related practice areas
Articles on this topic
Call An Experienced Attorney
Our lawyers will review your case details and give you a clear plan for how we can help. Based in Northern Colorado, we represent clients along the entire Front Range and across Colorado. Call our law firm or send an email to talk to a professional and understanding attorney.