Colorado Probate Court

Probate is a court-supervised process for administering a deceased person’s estate by paying their debts and distributing assets to heirs or beneficiaries. Colorado adopts the Uniform Probate Code (UPC), which simplifies estate administration and allows for informal probate in many uncontested cases.

How the Probate Process Works in Colorado

In Colorado, the first step in the probate process is to file a petition in the county's District Court. If the decedent left a will, the court verifies its validity and appoints the named personal representative (executor). However, if the decedent dies without a will, the court appoints an administrator to take care of their estate following the intestacy statutes.

The personal representative is responsible for notifying creditors and heirs, valuing assets, and paying taxes and other outstanding debts. They are also responsible for allocating any remaining property. Colorado recognizes both informal probate and formal probate. Most probate cases last between six months and one year. However, contested estates may take longer to settle.

What Are the Costs of Probate in Colorado?

Probate expenses in Colorado include court filing fees, attorney’s fees, publication costs, appraisals, and personal representative compensation. Filing fees vary by county but are generally in the range of $200 to $250. Personal representatives are entitled to “reasonable compensation,” subject to court approval. Attorney fees can be paid in flat fees or on an hourly basis. While contested estates may cost several thousand dollars, small estates that qualify for affidavit procedures may cost a few hundred dollars.

Types of Probate Cases in Colorado

Colorado provides several probate options, including the following:

• Testate Probate: When a valid will exists.
• Intestate Probate: When no will is left, and the estate is distributed under intestacy law.
• Informal Probate: A simple process to manage uncontested estates, often without full hearings.
• Formal Probate: Court-supervised process required when disputes or legal uncertainties arise.
• Small Estate Procedures: If personal property is valued under $80,000 and no real property is involved, heirs may use an affidavit process without opening full probate.

Colorado Probate Court Forms and Filing Instructions

Interested persons can find probate forms on the Colorado Judicial Branch website. These may include, but are not limited to, applications for informal and formal probate, small estate affidavits, and closing statements. Local courts may require additional filing, so petitioners should consult the county clerk’s office for instructions.

How Colorado Probate Courts Work at the County Level

The District Courts handle probate cases in each of Colorado’s 64 counties. Statewide statutes govern probate in Colorado; however, filing practices, local laws, and access to online case records vary by county.

The following are the courts handling probate cases in the top 10 Colorado counties by population:

1. Denver County District Court – The court handles the most extensive probate caseload in the state annually. It hears probate matters within Denver County only.
2. El Paso County District Court (Colorado Springs) – The court offers a simplified informal probate process.
3. Arapahoe County District Court – The court offers extensive representation options to self-represented litigants.
4. Jefferson County District Court (Golden) – This court handles probate matters within the county. It also has an efficient case management system.
5. Adams County District Court (Brighton) – The court offers online probate guides.
6. Larimer County District Court (Fort Collins) – The court offers simplified probate procedures.
7. Douglas County District Court (Castle Rock) – The court offers a fast and efficient online filing process.
8. Boulder County District Court – This court provides probate self-help centers.
9. Weld County District Court (Greeley) – The court also provides probate services tied to agricultural and land holdings.
10. Pueblo County District Court – This court offers clear guidance for probate filing.

How to Search Probate Records in Colorado

Colorado probate records are open to the public. These records include wills, petitions, executor details, creditor claims, inventories, and distributions. Interested persons can search for these records online using theColorado Courts E-Filing system or through the Colorado Court Records Search (CoCourts). Note that the Colorado Courts E-Filing system is open only to attorneys, while the Colorado Court Records Search (CoCourts) is a paid service open to the public. You can also visit your county clerk’s office to request access to these records in person and obtain certified copies for a fee.