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Elbert County, CO Probate Information
Quick facts
| Item | Elbert County details |
|---|---|
| Court | Elbert County District Court, sitting at the Elbert County Courthouse |
| Judicial district | 23rd Judicial District, shared with Douglas and Lincoln counties |
| Courthouse address | 751 Ute Ave., Kiowa, CO 80117 |
| Mailing address | PO Box 232, Kiowa, CO 80117 |
| Probate registrar phone | 303-621-2131 |
| Clerk email | [email protected] |
| Probate registrar email | [email protected] |
| Fax | Elbert County Combined Courts does not accept faxed documents. |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m., except state holidays |
| First estate filing amount | $229, current as of August 2026 (C.R.S. § 13-32-102(1)(b), (7)) |
| Small estate court filing amount | $113, current as of August 2026 (C.R.S. § 13-32-102(1)(a), (7)) |
| Local probate forms | No local probate packet or cover sheet published for Elbert County. Use Colorado statewide JDF probate forms. |
| E-filing | Attorneys file through Colorado Courts E-Filing. Self-represented probate filers use mail or the in-person counter because the non-attorney system is limited to domestic relations and eviction cases. |
| Case search | Colorado Docket Search at https://www.coloradojudicial.gov/dockets. It is a hearing calendar search, not a document search. |
| Remote appearance | State policy treats uncontested informal probate as presumptively flexible, but Elbert County's virtual courtroom page instructs parties to get court approval before using a virtual appearance link. |
| Website | https://www.coloradojudicial.gov/courts/trial-courts/elbert-county |
Before you begin — know the assets and liabilities
Before you choose forms, make a working list of the decedent's assets, debts, accounts, real property, vehicles, and possible beneficiaries. In Elbert County, that preparation matters because a self-represented filer submits papers by mail or in person at the Kiowa courthouse, and the court does not accept faxed documents.
Sunset's estate settlement process starts with asset discovery across 2,300 institutions, then organizes what you found into the probate path that fits the estate. That helps you decide whether the Elbert County District Court needs an application or petition, or whether a non-court collection process may be enough.
Which court handles jurisdiction
The Elbert County District Court serves probate matters for estates that belong in Elbert County. The courthouse is at 751 Ute Ave. in the town of Kiowa, and mail goes to PO Box 232, Kiowa, CO 80117.
Elbert County is part of Colorado's 23rd Judicial District with Douglas and Lincoln counties. The 23rd Judicial District was created by C.R.S. § 13-5-123.1, effective January 7, 2025. The judicial district is not the filing venue. Colorado venue for a decedent's estate is generally the county where the decedent was domiciled at death (C.R.S. § 15-12-201), and Colorado requires a term of court at each county seat (C.R.S. § 13-5-101).
Do not confuse the town of Kiowa, where the Elbert County courthouse sits, with the separate Colorado county named Kiowa, which is a different jurisdiction.
The jurisdiction process
- Choose the Colorado route before you prepare papers. Informal probate begins with an application to the probate registrar. Formal probate begins with a petition for a judge. A supervised administration request adds continuing court oversight.
- Use the statewide Colorado JDF probate forms. Common starting forms include JDF 705 for case information, JDF 910 for informal probate with a will, JDF 916 for informal appointment when there is no will, JDF 920 for formal probate with a will, and JDF 922 for formal adjudication when there is no will.
- File with the Clerk of the District Court at the Elbert County Courthouse, 751 Ute Ave., Kiowa, CO 80117, or mail the packet to PO Box 232, Kiowa, CO 80117. The local Probate FAQ says documents may be submitted by U.S. mail or in person and that no appointment is necessary. Do not fax probate documents to the court.
- Include the amount due or a fee-waiver request. The first estate filing amount is $229, current as of August 2026 (C.R.S. § 13-32-102(1)(b), (7)). A qualifying small estate court filing is $113, current as of August 2026 (C.R.S. § 13-32-102(1)(a), (7)).
- If the case is formal, contested, or requires notice, follow the statewide notice forms and the court's hearing-setting instructions. The Elbert County materials do not publish a probate hearing day, so confirm scheduling with the clerk after the filing is accepted.
- For remote appearance questions, check the assigned division's instructions. Colorado's Virtual Proceedings Policy treats an uncontested informal probate proceeding as presumptively flexible unless the court requires in-person attendance for good cause (Chief Justice Directive 23-03, effective August 1, 2023). Elbert County's virtual courtroom page still tells parties they need court approval before appearing virtually.
- Once appointment is approved, obtain JDF 915 Letters Testamentary/of Administration. Those letters are the document banks, title companies, and other institutions commonly ask for when dealing with the personal representative.
- Administer the estate, give required notices, manage claims, inventory assets, distribute property, and close using the statewide JDF closing forms that fit the case. Informal closing commonly uses JDF 965, while a court order of final discharge requires the formal closing path.
Forms and documents
Probate forms in Elbert County
Colorado uses statewide JDF probate forms, and Elbert County does not publish a separate local probate packet or cover sheet for decedent's estates. The county-linked Probate FAQ points filers to the statewide Colorado Courts probate forms, the Colorado Legal Help Center probate page, and Colorado Bar Association public brochures.
| Need | Use |
|---|---|
| Find probate forms | Statewide probate forms list: https://www.coloradojudicial.gov/taxonomy/term/1047?form_category=1047 |
| Read probate self-help guidance | Colorado Judicial Branch probate hub: https://www.coloradojudicial.gov/self-help-and-court-forms/probate?resource_type=1047 |
| File in Elbert County | Mail to PO Box 232, Kiowa, CO 80117, or file in person at 751 Ute Ave., Kiowa, CO 80117. No appointment is necessary for an in-person filing. |
| Local form requirement | No Elbert County local decedent's-estate packet was published. Use current statewide JDF forms and sign every document before filing. |
Local nuance
Elbert County-specific considerations
| Local point | What it means for an Elbert County filing |
|---|---|
| 23rd Judicial District | Elbert County is in the 23rd Judicial District with Douglas and Lincoln counties under C.R.S. § 13-5-123.1, effective January 7, 2025. Do not use older 18th Judicial District information for Elbert County. |
| No appointment needed for walk-in filing | The 23rd Judicial District Probate FAQ says documents may be submitted by U.S. mail or in person at 751 Ute Ave. and that no appointment is necessary. |
| No faxed filings | Elbert County states that Elbert County Combined Courts does not accept faxed documents. A self-represented probate filer should use mail or the counter. |
| Courthouse hours | The courthouse is open Monday through Friday, 8:00 a.m. to 4:00 p.m., except state holidays. |
Recent updates
| Date | Local change |
|---|---|
| January 7, 2025 | Elbert County became part of Colorado's 23rd Judicial District with Douglas and Lincoln counties under C.R.S. § 13-5-123.1. |
Scenarios
| Scenario | Likely Elbert County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how title is held and whether any assets still need a personal representative. If a court case is needed, file the appropriate statewide JDF forms with the Clerk of the District Court in Kiowa by mail or in person. The first estate filing amount is $229, current as of August 2026 (C.R.S. § 13-32-102(1)(b), (7)). | Sunset helps find accounts, organize ownership information, and generate a probate packet for the Elbert County District Court when a filing is needed. |
| Out-of-state adult child with a small estate | Because Elbert County accepts mail filings, travel may not be needed for the initial packet. If the estate qualifies for Colorado's collection of personal property by affidavit under C.R.S. § 15-12-1201, that affidavit is not filed with the court. If a small estate court case is needed, the amount is $113, current as of August 2026 (C.R.S. § 13-32-102(1)(a), (7)). | Sunset helps compare the asset list against the available Colorado paths and prepares the documents or attorney handoff for an estate settlement from outside Colorado. |
| Parent settling a predeceased child's estate when a home must be sold | A sale of real property often requires court authority from a personal representative. File the formal or informal Colorado JDF packet in the Elbert County District Court, include the will if there is one, and do not send documents by fax. | Sunset helps locate debts and assets, prepare the court packet, and connect the family with a local probate attorney if the real estate sale or family situation needs legal strategy. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| 23rd Judicial District Self Help Center | The Self-Represented Litigant Coordinator, known in Colorado courts as a Sherlock, helps people navigate forms and procedure but does not give legal advice. | 4000 Justice Way, Castle Rock, CO 80109. [email protected]. 720-437-6112. Hours: Monday through Friday, 8:30 a.m. to 12:30 p.m. and 1:30 p.m. to 4:00 p.m. Virtual appointments are available Tuesdays and Thursdays. |
| Elbert County probate registrar | Procedural probate contact for informal estate filings in Elbert County. | 303-621-2131. [email protected]. |
| Colorado Judicial Branch probate forms | Statewide JDF probate forms and probate self-help information. | Forms list: https://www.coloradojudicial.gov/taxonomy/term/1047?form_category=1047. Probate hub: https://www.coloradojudicial.gov/self-help-and-court-forms/probate?resource_type=1047. |
| Colorado Legal Services, Denver office | Statewide civil legal aid provider serving Elbert County. Its published program areas do not include probate, so call to ask what help may be available. | 1560 Broadway Suite 1100, Denver, CO 80203. 303-837-1313. |
| Colorado Bar Association public brochures | Free public brochures on Colorado probate and related estate topics. | https://www.cobar.org/For-the-Public/Legal-Brochures |
When to hire an attorney
A probate attorney makes sense when heirs disagree, a will may be challenged, the estate owns real property that must be sold, a creditor dispute is likely, the decedent lived outside Colorado, or the personal representative is unsure which Colorado procedure applies. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify accounts, insurance, investments, and other assets that affect the Elbert County estate settlement plan.
Generate the probate packet. Sunset turns the family questionnaire and asset information into the Colorado JDF forms needed for the selected path, with Elbert County filing instructions for mail or in-person delivery.
Find a local probate attorney. If the estate needs legal advice, a contested hearing, or real estate support, Sunset connects families with a vetted Colorado probate attorney.
Sunset is free for families. Sunset helps organize estate settlement tasks, documents, and next steps without charging families to get started.
Frequently asked questions
Where do I file probate in Elbert County?
File with the Clerk of the District Court at the Elbert County Courthouse, 751 Ute Ave., Kiowa, CO 80117, or mail the packet to PO Box 232, Kiowa, CO 80117. The local Probate FAQ says no appointment is necessary for an in-person filing.
Is Elbert County in the 18th Judicial District?
No. Elbert County is in the 23rd Judicial District with Douglas and Lincoln counties. The 23rd Judicial District was created by C.R.S. § 13-5-123.1, effective January 7, 2025.
Can a self-represented filer use e-filing for an Elbert County probate case?
A self-represented probate filer in Elbert County uses mail or the in-person counter. Colorado Courts E-Filing for non-attorneys is limited to domestic relations and eviction cases. Attorneys file through Colorado Courts E-Filing, which covers probate.
Does Elbert County accept faxed probate documents?
No. Elbert County states that Elbert County Combined Courts does not accept faxed documents.
How much is the first estate filing in Elbert County?
The first estate filing amount is $229, current as of August 2026 (C.R.S. § 13-32-102(1)(b), (7)). A qualifying small estate court filing is $113, current as of August 2026 (C.R.S. § 13-32-102(1)(a), (7)). Elbert County does not add a local surcharge to those statewide amounts.
Are there local Elbert County probate forms?
No local decedent's-estate packet or cover sheet is published for Elbert County. Use the statewide Colorado JDF probate forms and the county-linked Probate FAQ for filing tips.
Can I appear remotely for an Elbert County probate hearing?
Colorado's Virtual Proceedings Policy treats an uncontested informal probate proceeding as presumptively flexible unless the court requires in-person attendance for good cause (Chief Justice Directive 23-03, effective August 1, 2023). Elbert County's virtual courtroom page still directs parties to get court approval before using a virtual appearance link, so check the assigned division's instructions.
Can I look up an Elbert County probate case online?
Colorado Docket Search at https://www.coloradojudicial.gov/dockets can search scheduled hearings by county, case number, party name, and case class. It is a docket search, not a place to read filings or download copies. For copies, contact the court where the case was filed.
Do I have to travel to Kiowa to start an Elbert County estate?
Not always. The 23rd Judicial District Probate FAQ says documents may be submitted by U.S. mail or in person. If you file in person, no appointment is necessary, and the courthouse hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., except state holidays.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.