Settling an Estate in Colorado
Reviewed by DocDraft Legal Team · Colorado · Last updated August 27, 2026
Colorado estates are opened in the District Court of the county where the decedent lived, with one exception: Denver has a separate Denver Probate Court of the City and County of Denver that hears estate matters for Denver residents. Colorado's small estate route is the collection of personal property by affidavit under Colorado Revised Statutes 15-12-1201, and its ceiling is reset every year for the decedent's year of death. For a death in 2026 the figure published by the Colorado Judicial Branch in form JDF 998 is $88,000 of personal property, less liens and encumbrances, and that affidavit cannot be used to transfer real estate at all. Most Colorado estates that do need a case are opened informally, without a hearing, and the creditor claim date turns on the notice published under Colorado Revised Statutes 15-12-801.
Find out where you stand in Colorado
Where are you in settling the estate?
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Is probate required in Colorado?
Not always. Joint tenancy property, beneficiary designated accounts, assets held in a living trust, and real estate covered by a Colorado beneficiary deed all pass outside probate. Where the estate holds no real property and the personal property falls under the year of death limit, successors can collect assets by affidavit instead of opening a case.
Which court handles probate in Colorado?
The District Court in the county where the decedent lived. Denver is the exception: the Denver Probate Court of the City and County of Denver is a separate court that hears estate matters for Denver residents. Colorado uses statewide JDF form sets, so the filing packet looks the same in every county.
What is the small estate limit in Colorado in 2026?
For a death in 2026 the limit is $88,000 in personal property, less liens and encumbrances, per the Colorado Judicial Branch guide JDF 998. Real property does not qualify: the affidavit cannot transfer real estate. At least ten days must have passed since the death, and no personal representative may be appointed or pending.
How long does probate take in Colorado?
Most informal administrations run six months to a year. The floor is set by the creditor notice: claims stay open until four months after first publication or one year from the date of death, whichever occurs first. An affidavit collection needs no court case and can be done in days once ten days have passed.
A year of death dollar limit, and an affidavit that cannot touch real estate
Two Colorado features decide most estates before any form is chosen. The first is that Colorado's small estate ceiling is not a fixed number. Colorado Revised Statutes 15-12-1201 indexes the collection of personal property by affidavit, and the Colorado Judicial Branch republishes the governing figure by the decedent's year of death in form JDF 998. The table in the March 19, 2026 revision reads $88,000 for a 2026 death, $86,000 for 2025, $82,000 for 2024, $80,000 for 2023, and $74,000 for 2022. The number that matters is the one tied to the year the person died, not the year the family gets around to collecting, so an estate opened in 2026 for a 2023 death is tested against $80,000. The second feature is a hard carve out. JDF 998 states that the affidavit cannot be used to transfer real estate and may only be used to collect personal property, so any Colorado decedent who owned a house in their own name is outside this route no matter how small the rest of the estate is. Above that line, Colorado offers informal probate, where the registrar appoints the personal representative without a hearing, and formal probate, where a judge reviews and approves. Colorado Revised Statutes 15-12-1203 adds a summary administrative procedure for an estate whose entire value does not exceed the exempt property allowance, the family allowance, costs of administration, reasonable funeral expenses, and the medical expenses of the last illness. There, a personal representative may distribute without publishing notice to creditors and close by sworn statement. Everywhere else, the personal representative publishes notice under Colorado Revised Statutes 15-12-801, once a week for three consecutive weeks, and the claim date is set no earlier than four months from first publication or one year from the date of death, whichever occurs first. Colorado is not a community property state. A surviving spouse who is left out of a will may claim an elective share of the augmented estate under Colorado Revised Statutes 15-11-202, and if there is no will the shares come from the intestate succession provisions in Title 15, Article 11. Colorado imposes no state estate tax and no inheritance tax.
Relevant Laws
Colorado Revised Statutes 15-12-1201 and 15-12-1202 (Collection of personal property by affidavit)
Allows a successor to collect a decedent's personal property by presenting a notarized affidavit, form JDF 999, directly to the holder rather than filing anything with the court. The affidavit is available once ten days have passed since the death, where no personal representative is appointed or pending, and where the property of the estate less liens and encumbrances does not exceed the limit for the decedent's year of death. The Colorado Judicial Branch guide JDF 998, revised March 19, 2026, sets that limit at $88,000 for a 2026 death and states that the affidavit cannot be used to transfer real estate.
Colorado Revised Statutes 15-12-801 (Notice to creditors)
Requires the personal representative to publish notice to creditors in a newspaper in the county where the estate is administered unless a year or more has already passed since the death. Colorado form JDF 943 directs publication once a week for three consecutive calendar weeks and requires the claim date in the notice to be set no earlier than four months from the date of first publication or one year from the date of the decedent's death, whichever occurs first. Claims not presented by that date may be forever barred.
Colorado Probate Code, Title 15 Article 12 (Probate of wills and administration)
Governs opening and administering a Colorado estate. Cases are filed in the District Court of the county where the decedent lived, or in the Denver Probate Court if the decedent lived in Denver. Colorado offers informal probate, in which the registrar appoints the personal representative and issues letters without a hearing, and formal probate, in which a judge reviews the request and approves it at a hearing. A creditor of the decedent must wait at least 45 days after the death before applying to open an estate.
Colorado Revised Statutes Title 15, Article 11 (Intestate succession and the elective share)
Article 11 supplies the shares when a person dies without a will and the elective share a surviving spouse may claim against a will under 15-11-202, calculated against the augmented estate. Colorado is not a community property state, so a spouse has no automatic one half interest and has to rely on these provisions instead.
Regional Variances
Colorado administration tracks by estate size
Personal property at or under the year of death limit, no real estate
Collection by affidavit under Colorado Revised Statutes 15-12-1201, using form JDF 999. The limit is $88,000 for a 2026 death, $86,000 for 2025, and $82,000 for 2024, per the Colorado Judicial Branch guide JDF 998 revised March 19, 2026. Nothing is filed with the court, there is no filing fee, no personal representative is appointed, and no creditor notice is published. Available only after ten days have passed since the death.
Estate value within the allowances and last illness expenses
Summary administrative procedure under Colorado Revised Statutes 15-12-1203, available where the entire estate less liens and encumbrances does not exceed the exempt property allowance, family allowance, costs of administration, reasonable funeral expenses, and the medical expenses of the last illness. A personal representative is appointed but may distribute without publishing notice to creditors and close by sworn statement under 15-12-1204.
Any estate with real property, or personal property over the limit
Informal probate in the District Court of the county of residence, or the Denver Probate Court. The registrar appoints the personal representative and issues letters without a hearing. Bond is generally not required unless the will requires it, an interested person requests it, or the court orders it under 15-12-603. Notice to creditors is published under 15-12-801, and real property moves by personal representative's deed.
Contested will, unclear heirs, or an estate needing supervision
Formal probate before a judge in the same District Court or the Denver Probate Court, with a hearing and court approval of the relief requested. Formal proceedings are the route when the will is challenged, the original cannot be produced, heirs are unknown or disputed, or an interested person asks the court to supervise the personal representative rather than let the administration run unsupervised.
Colorado deadlines, notice, and mechanics
Creditor claim date
Set no earlier than four months from the date of first publication or one year from the date of the decedent's death, whichever occurs first, per Colorado Revised Statutes 15-12-801 and form JDF 943. Because the one year cap can arrive before the four months run, an estate opened late gets a shorter effective window, not a longer one.
Publication schedule
Once a week for three consecutive calendar weeks in a daily or weekly newspaper published in the county where the estate is administered, or a newspaper of general circulation in an adjoining county if there is none. Only the notice portion of JDF 943 is published, and a copy of the form with the proof of publication is filed with the clerk of the court.
Inventory
The Colorado Judicial Branch instructs the personal representative to inventory the decedent's money and property on form JDF 941 within 90 days after appointment. The inventory drives the accounting the beneficiaries eventually see, so values should be supportable and any appraisals should be arranged early rather than at closing.
Where Denver differs
Every other Colorado county routes estates through its District Court. The City and County of Denver has a standalone Denver Probate Court instead, and the statewide JDF forms carry a check box for it on the caption. Filing a Denver decedent's estate in a District Court, or the reverse, sends the paperwork to the wrong clerk.
Suggested Compliance Checklist
Confirm the court and the year of death limit
Week 1 days after startingIdentify the county where the decedent lived and whether the estate belongs in that county's District Court or, for a Denver resident, the Denver Probate Court. Then look up the affidavit limit for the decedent's year of death in the Colorado Judicial Branch guide JDF 998, which reads $88,000 for a 2026 death, and check whether the estate contains any real property.
Prepare the collection of personal property affidavit if eligible
After 10 days from death days after startingIf the estate holds no real property and the personal property less liens and encumbrances is within the year of death limit, complete form JDF 999 and sign it before a notary once ten days have passed since the death. It is presented directly to banks and other holders rather than filed with the court. The Colorado Division of Motor Vehicles requires its own form DR 2712 for vehicles.
Publish notice to creditors and set the claim date
Promptly after appointment days after startingArrange publication of the notice to creditors under Colorado Revised Statutes 15-12-801 once a week for three consecutive calendar weeks, and mail or deliver notice to creditors you already know about. Set the claim date no earlier than four months from first publication or one year from the date of death, whichever occurs first, then file the form and proof of publication with the clerk.
Complete the estate inventory within 90 days of appointment
Within 90 days of appointment days after startingInventory the decedent's money and property on Colorado form JDF 941 within 90 days after being appointed personal representative, as the Colorado Judicial Branch instructs. Value real property, business interests, and collectibles with support you can produce later, because these figures follow the estate through distribution and into the closing statement.
Distribute only after the claim date, then close the estate
After the published claim date days after startingDo not distribute to heirs until the published claim date has passed and allowed claims and taxes are paid, because a personal representative who pays out early can end up personally answering for a valid claim. Transfer real property by personal representative's deed recorded in the county where it sits, then close with a verified closing statement or a petition for final settlement.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the court and the year of death limit | Identify the county where the decedent lived and whether the estate belongs in that county's District Court or, for a Denver resident, the Denver Probate Court. Then look up the affidavit limit for the decedent's year of death in the Colorado Judicial Branch guide JDF 998, which reads $88,000 for a 2026 death, and check whether the estate contains any real property. | - | Week 1 |
| Prepare the collection of personal property affidavit if eligible | If the estate holds no real property and the personal property less liens and encumbrances is within the year of death limit, complete form JDF 999 and sign it before a notary once ten days have passed since the death. It is presented directly to banks and other holders rather than filed with the court. The Colorado Division of Motor Vehicles requires its own form DR 2712 for vehicles. | small-estate-affidavit | After 10 days from death |
| Publish notice to creditors and set the claim date | Arrange publication of the notice to creditors under Colorado Revised Statutes 15-12-801 once a week for three consecutive calendar weeks, and mail or deliver notice to creditors you already know about. Set the claim date no earlier than four months from first publication or one year from the date of death, whichever occurs first, then file the form and proof of publication with the clerk. | - | Promptly after appointment |
| Complete the estate inventory within 90 days of appointment | Inventory the decedent's money and property on Colorado form JDF 941 within 90 days after being appointed personal representative, as the Colorado Judicial Branch instructs. Value real property, business interests, and collectibles with support you can produce later, because these figures follow the estate through distribution and into the closing statement. | asset-inventory | Within 90 days of appointment |
| Distribute only after the claim date, then close the estate | Do not distribute to heirs until the published claim date has passed and allowed claims and taxes are paid, because a personal representative who pays out early can end up personally answering for a valid claim. Transfer real property by personal representative's deed recorded in the county where it sits, then close with a verified closing statement or a petition for final settlement. | - | After the published claim date |
Frequently Asked Questions
Yes, and it is the main reason the notice period exists. The claim date published under Colorado Revised Statutes 15-12-801 is set no earlier than four months from first publication or one year from death, whichever occurs first. A representative who distributes the estate to heirs before that date and then meets a valid claim can be left answering for it after the assets are gone. Waiting out the published date is the protection.
By deed from the appointed personal representative, recorded with the clerk and recorder in the county where the land sits. The small estate affidavit is no help here, since JDF 998 states it cannot be used to transfer real estate. The exception is real property already covered by a Colorado beneficiary deed recorded during the owner's lifetime, which passes to the named grantee outside the estate and needs no probate transfer.
Colorado does not set attorney or personal representative fees as a percentage of the estate the way some states do. Compensation under the Colorado Probate Code is what is reasonable for the work actually performed, which usually means hourly billing and a smaller total on a simple estate. The unavoidable costs are the court filing fee, certified copies of the letters, newspaper publication, and any appraisals.
The intestate succession provisions in Title 15, Article 11 of the Colorado Revised Statutes control. Colorado is not a community property state, so there is no automatic half share for the spouse. A surviving spouse takes the entire estate where all of the decedent's descendants are also descendants of that spouse and the spouse has no other descendants, and takes a reduced share where the family is blended. Without a spouse, the estate passes to descendants.
No. Colorado imposes neither, so a Colorado estate faces only the federal picture, and the federal basic exclusion for deaths in 2026 is $15 million per person. That leaves most Colorado estates with no death tax filing at all. The personal representative still has to file the decedent's final individual income tax return, plus a fiduciary return if the estate itself earns income during administration.
Other Colorado guides
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