Colorado Probate Information
Quick facts
| Topic | Colorado rule |
|---|---|
| Court structure | Probate is handled in the district court in 63 counties. In the City and County of Denver, probate is handled by the Denver Probate Court, which has exclusive original jurisdiction over probate matters under the Colorado Constitution (Colo. Const. art. VI, § 9(3); C.R.S. § 13-9-101). |
| Judicial districts | Colorado has 23 judicial districts and 64 counties. The 23rd Judicial District covers Douglas, Elbert and Lincoln counties and took effect January 7, 2025 (C.R.S. § 13-5-101; C.R.S. § 13-5-123.1). |
| Where to file | File in the county where the decedent was domiciled or resided at death. If the decedent was not domiciled or resident in Colorado, file in any Colorado county where the decedent had property (C.R.S. § 15-12-201(1)). |
| Main administration tracks | Informal, formal and supervised administration. Informal proceedings go to the probate registrar without notice before appointment. Formal proceedings go to a judge with notice. Supervised administration keeps the court involved through final settlement (C.R.S. § 15-10-201(26), (21); C.R.S. § 15-12-501). |
| First filing cost | $229 for a first filing in a decedent's estate that is not a small estate, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(b), (7)). |
| Small estate court cost | $113 for an estate eligible for the summary administrative procedure and involving no real property, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(a), (7)). |
| Collection by affidavit | For a death in 2026, JDF 999 can collect personal property when the estate's fair market value less liens and encumbrances is $88,000 or below, at least ten days have passed and no personal-representative application or petition is pending or granted anywhere (C.R.S. § 15-12-1201). |
| Forms | Colorado uses statewide Judicial Department forms, numbered JDF. The main form sources are the Colorado Judicial Branch probate forms list and the Judicial Department Forms Search. |
| Electronic filing | Attorneys file Colorado probate cases through Colorado Courts E-Filing, which expressly covers probate. A personal representative without a lawyer files at the counter, by mail or in the court's drop box where the county publishes one. |
| Case lookup | The public Docket Search includes the PR probate case class and shows scheduled hearings. It is a docket search, not a document search. |
| Remote appearance | Chief Justice Directive 23-03 makes an uncontested informal probate proceeding a presumptively flexible appearance, but county virtual courtroom pages still direct parties to get prior approval before appearing virtually. |
| Tax | Colorado does not impose an inheritance tax or gift tax. Its estate tax statute remains on the books, but it imposes a tax equal to a federal credit that no longer exists, so it collects nothing (C.R.S. § 39-23.5-103; C.R.S. § 39-23.5-107(3)). |
Before you begin — know the assets and liabilities
Before choosing a Colorado probate route, identify the assets, debts, liens and title documents. The asset picture decides whether the family can use JDF 999, whether the $113 summary administrative procedure cost applies, whether real estate requires a full administration and what must appear on the inventory due after appointment.
Sunset's estate settlement process starts with asset discovery across more than 2,300 institutions, then uses what is found to help the family choose the Colorado route, prepare the right JDF packet and avoid filing the wrong kind of case.
Which court handles probate
Colorado probate is organized county by county. The district courts are trial courts of general jurisdiction and hear probate cases in 63 counties (Colo. Const. art. VI, § 9(1)). Denver is different: the Colorado Constitution gives the Denver Probate Court exclusive original jurisdiction over probate matters in the City and County of Denver (Colo. Const. art. VI, § 9(3); C.R.S. § 13-9-101).
Colorado has 23 judicial districts and 64 counties (C.R.S. § 13-5-101). A judicial district is the trial-court grouping, not the filing location. At least one term of court is held each calendar year in each county within the district, at that county's county seat (C.R.S. § 13-5-101). The 23rd Judicial District covers Douglas, Elbert and Lincoln counties and took effect January 7, 2025 (C.R.S. § 13-5-123.1).
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent was domiciled or resident at death. If the decedent was not domiciled or resident in Colorado, venue is any Colorado county where the decedent had property at death (C.R.S. § 15-12-201(1)).
The probate process
- Inventory the situation before choosing a form. Identify accounts, real estate, vehicles, debts, liens, beneficiary designations and whether anyone has already started a personal-representative case anywhere.
- Check whether a court case can be avoided. For a death in 2026, a successor may collect personal property with JDF 999 when the estate's fair market value less liens and encumbrances is $88,000 or below, at least ten days have passed and no personal-representative application or petition is pending or granted anywhere (C.R.S. § 15-12-1201).
- Deliver the original will for lodging if one exists. The custodian of a will must deliver it to the court with probate jurisdiction in the Colorado county where the decedent resided or was domiciled within ten days after death, or as soon as the death is known, using JDF 919 (C.R.S. § 15-11-516(1)).
- Identify the right court. File in the county where the decedent was domiciled or resident at death, or where Colorado property was located for a nonresident decedent (C.R.S. § 15-12-201(1)). Use the district court in 63 counties and the Denver Probate Court in Denver.
- Choose informal, formal or supervised administration. An informal case opens by application to the probate registrar and proceeds without notice to interested persons before appointment (C.R.S. § 15-10-201(26); C.R.S. § 15-12-301(1)). A formal case opens by petition to a judge with notice (C.R.S. § 15-10-201(21)). Supervised administration keeps the court involved until final settlement (C.R.S. § 15-12-501).
- Prepare the opening packet. Use JDF 910 for informal probate with a will or JDF 916 for informal appointment without a will. Use JDF 920 for formal probate with a will or JDF 922 for formal adjudication of intestacy and appointment without a will. Include JDF 705 and JDF 911 when applicable.
- File at the court, by mail or in the court's drop box where the county publishes one. A personal representative without a lawyer does not use Colorado Courts E-Filing for probate. Pay $229 for a first filing in a decedent's estate that is not a small estate, or $113 for an eligible summary administrative procedure estate with no real property, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(b), (1)(a), (7)). A supervised administration petition adds $198 (C.R.S. § 13-32-102(1)(c)).
- Receive authority. After appointment and acceptance, the court issues JDF 915 Letters Testamentary or Letters of Administration. Certified copies cost $20 each (C.R.S. § 13-32-104(1)(f)).
- Give information of appointment. Not later than thirty days after appointment, send JDF 940 to heirs and devisees with the information required by statute (C.R.S. § 15-12-705(1)).
- Prepare the inventory. Within three months after appointment, prepare JDF 941 with date-of-death fair market values and encumbrances. Send it to interested persons who request it, or file the original with the court (C.R.S. § 15-12-706).
- Give creditor notice. Publish JDF 943 three times, at least once in each of three successive calendar weeks, and mail JDF 944 to known creditors (C.R.S. § 15-12-801).
- Handle claims and taxes. Claims that arose before death are barred as to all creditors one year after death, regardless of notice (C.R.S. § 15-12-803(1)(a)(III)). File Colorado form DR 0105 if the estate owes fiduciary income tax.
- Attend any hearing the case requires. An uncontested informal probate proceeding is presumptively flexible under Chief Justice Directive 23-03, but the county virtual courtroom page still directs parties to get prior approval before a virtual appearance.
- Distribute and close. Informal closing uses JDF 965 no earlier than six months after original appointment or one year after death, whichever comes first, and the appointment terminates one year later if no proceeding is pending (C.R.S. § 15-12-1003). Formal final settlement uses JDF 960, JDF 963, JDF 964 and JDF 730. A small estate under the summary administrative procedure closes on JDF 966 (C.R.S. § 15-12-1204).
Types of probate
| Path | When it fits | Court involvement | Main forms | Authority |
|---|---|---|---|---|
| Informal probate and informal appointment | The common route when the registrar can make the required findings. It is defined by no notice to interested persons before appointment, not by estate size. | The probate registrar decides the application. | JDF 910 with a will or JDF 916 without a will; JDF 913 or JDF 917; JDF 915. | C.R.S. § 15-12-301 to § 15-12-311; C.R.S. § 15-10-201(26) |
| Formal testacy and formal appointment | The route when a judge must decide validity of a will, who should serve, intestacy or other contested or notice-based questions. | A judge or magistrate hears the petition after notice. | JDF 920 with a will or JDF 922 without a will; JDF 921 or JDF 923. | C.R.S. § 15-12-401 to § 15-12-414; C.R.S. § 15-10-201(21) |
| Supervised administration | The will directs supervision, an interested person asks for it or the court orders it. | The court keeps continuing authority until distribution is approved and the personal representative is discharged. | JDF 920 or JDF 922 plus a request for supervision; JDF 730 to close. | C.R.S. § 15-12-501 to § 15-12-505 |
| Collection of personal property by affidavit | Ten or more days after death, no personal-representative application or petition pending or granted anywhere, and the year-of-death ceiling is met. For a death in 2026, the ceiling is $88,000 (C.R.S. § 15-12-1201). | No court case. The affidavit is presented to the holder of personal property and is not filed with the court. | JDF 999, with JDF 998 instructions. | C.R.S. § 15-12-1201; C.R.S. § 15-12-1202 |
| Summary administrative procedure | After appointment and inventory, the estate value less liens and encumbrances does not exceed the listed allowances, administration costs, funeral expenses and last-illness medical expenses. The statute has no dollar threshold. | A court case with an appointed personal representative, followed by immediate distribution and a closing statement. | JDF 966, with JDF 958 instructions. | C.R.S. § 15-12-1203; C.R.S. § 15-12-1204 |
| Special administration | Property needs protection or a limited estate issue needs handling before or instead of a general appointment. | Informal appointment by the registrar or formal appointment by a judge. | JDF 924 and JDF 925, or JDF 926 and JDF 927; JDF 928. | C.R.S. § 15-12-614 |
| Determination of heirs, devisees and property interests | Title or inheritance needs to be adjudicated, including when a title company or later buyer needs an order. | A court proceeding with notice and a hearing. | JDF 948, JDF 918, JDF 949 and JDF 950. | C.R.S. § 15-12-1301 to § 15-12-1309 |
| Domiciliary foreign personal representative filing | A personal representative appointed outside Colorado needs to act on Colorado property. | A sworn statement is filed in Colorado. | JDF 929 and JDF 930. | C.R.S. § 15-13-201 to § 15-13-204 |
| Lodging a will without opening an estate | The custodian has the original will after death, even if nobody is ready to open an estate. | The will is lodged in the court's records. | JDF 919. | C.R.S. § 15-11-516(1) |
| Nonprobate transfer | Property passes by beneficiary designation, joint tenancy with right of survivorship, payable-on-death account, security registered in beneficiary form, beneficiary deed or funded trust. | No court case for the transfer itself, but recipients may still face claims if the probate estate is insufficient. | The governing account, deed, trust or contract controls. | C.R.S. § 15-15-101; C.R.S. § 15-15-103; C.R.S. § 15-15-401 to § 15-15-415 |
| Reopening a closed estate | Assets or issues appear after closing. | A petition asks the court to reopen. | JDF 989, JDF 990 and JDF 991. | C.R.S. § 15-12-1008 |
| Court clean-up of an estate open three years or more | The court record shows no action in an estate for three years or more. | The court may close the estate by order without further accounting, without releasing anyone from liability. | JDF 970 and JDF 971. | C.R.S. § 15-12-1009 |
Executor duties
Executor duties in Colorado
| Duty | Colorado rule |
|---|---|
| Accept the appointment and qualify | Before receiving letters, the personal representative files any required bond and a statement accepting the duties of the office. Administration begins with issuance of letters (C.R.S. § 15-12-601; C.R.S. § 15-12-103). |
| Notify heirs and devisees | Not later than thirty days after appointment, send information of appointment to heirs and devisees. JDF 940 is the statewide form (C.R.S. § 15-12-705(1)). |
| Prepare the inventory | Within three months after appointment, prepare an inventory with date-of-death fair market value and encumbrances. Send it to interested persons who request it, or file the original with the court (C.R.S. § 15-12-706). |
| Give notice to creditors | Publish notice three times, at least once during each of three successive calendar weeks, and mail written notice to known creditors. Use JDF 943 and JDF 944 (C.R.S. § 15-12-801). |
| Handle claims | Claims are handled under Colorado's statutory claim rules and payment order. A petition for allowance of a claim or contested claim costs $198, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(d)). |
| Act as a fiduciary | Colorado allows estate administration to proceed without a court order except as the code provides, but the personal representative remains exposed for improper exercise of powers and conflicts (C.R.S. § 15-12-704; C.R.S. § 15-12-712; C.R.S. § 15-12-713; C.R.S. § 15-12-808). |
| Account and distribute | Use JDF 942 for interim or final accounting where needed. Distribution and closing use part 9 and part 10 of article 12, including JDF 965 for informal closing or JDF 960, JDF 963, JDF 964 and JDF 730 for formal final settlement (C.R.S. § 15-12-901 to § 15-12-916; C.R.S. § 15-12-1001; C.R.S. § 15-12-1003). |
| Address estate income tax | If the estate earns income during administration and is required to file federally or has Colorado tax liability, the fiduciary income tax return is Colorado form DR 0105. |
Forms and documents
Probate forms in Colorado
Colorado publishes a statewide JDF probate form set for all counties. Forms are free to download through the Colorado Judicial Branch probate forms list and the Judicial Department Forms Search. When searching a known form number, the Judicial Branch directs users to put a space between JDF and the number, or to search by the number alone.
| Stage | Statewide forms |
|---|---|
| Route instructions | JDF 906 for probate with a will; JDF 907 for probate without a will. |
| Case information | JDF 705 Probate Case Information Sheet. |
| Informal with a will | JDF 910 Application for Informal Probate of a Will; JDF 913 order. |
| Informal without a will | JDF 916 Application for Informal Appointment of Personal Representative; JDF 917 order. |
| Formal with a will | JDF 920 Petition for Formal Probate of Will and Formal Appointment of Personal Representative; JDF 921 order. |
| Formal without a will | JDF 922 Petition for Adjudication of Intestacy and Formal Appointment of Personal Representative; JDF 923 order. |
| Qualification and authority | JDF 911 Acceptance of Appointment; JDF 912 Renunciation and/or Nomination; JDF 915 Letters Testamentary/of Administration. |
| Will lodging and electronic will | JDF 919 Submission of a Will for Lodging; JDF 914 Certification of an Electronic Will. |
| Notice | JDF 940 Information of Appointment; JDF 943 Notice to Creditors by publication; JDF 944 Notice to Creditors by mail. |
| Hearings | JDF 709, JDF 710, JDF 711, JDF 716, JDF 714, JDF 717, JDF 718, JDF 719, JDF 712, JDF 722, JDF 723 and JDF 724. |
| Inventory and accounting | JDF 941 Decedent's Estate Inventory; JDF 942 Interim/Final Accounting. |
| Claims | JDF 726 Claim; JDF 727 Withdrawal or Satisfaction of Claim; JDF 945 Notice of Disallowance of Claims; JDF 946 Petition for Allowance of Claims. |
| Heirs and title | JDF 948 Petition for Determination of Heirs or Devisees or Both, and of Interests in Property; JDF 918 Judgment and Order Determining Heirs and Devisees; JDF 949 and JDF 950 notices. |
| Special administrator | JDF 924 and JDF 925 informally, or JDF 926 and JDF 927 formally; JDF 928 Letters of Special Administrator. |
| Out-of-state appointment | JDF 929 Domiciliary Foreign Personal Representative Sworn Statement; JDF 930 Certificate of Ancillary Filing. |
| Demand for notice | JDF 902 Demand for Notice of Filings or Orders; JDF 903 Withdrawal. |
| Closing | JDF 959 and JDF 965 for informal closing; JDF 958 and JDF 966 for a small estate under the summary administrative procedure; JDF 957, JDF 960, JDF 963, JDF 964 and JDF 730 for formal final settlement. |
| Collection of personal property by affidavit | JDF 998 guide; JDF 999 affidavit (C.R.S. § 15-12-1201). |
| Fee waiver | JDF 205 Motion to Waive Fees; JDF 206 order; JDF 211 mediation-fee instructions. |
| Trusts | JDF 732 Trust Registration Statement; JDF 735 amended trust registration. |
Some counties publish local packets or local probate forms, and Denver publishes DPC forms for limited local matters. Case-opening forms, however, are the statewide JDF forms.
Fees
Colorado probate fees are statewide. C.R.S. § 13-32-102 applies in all counties to services in proceedings under C.R.S. Title 15. The $30 equal justice fee in C.R.S. § 13-32-102(7), effective for listed filings beginning January 1, 2025, is why the Judicial Branch's posted counter amounts are higher than the docket amounts in subsection (1).
| Filing or service | Amount | Authority |
|---|---|---|
| First filing in a decedent's estate that is not a small estate | $229, in effect since January 1, 2025 | C.R.S. § 13-32-102(1)(b), (7) |
| Small estate eligible for summary administrative procedures and involving no real property | $113, in effect since January 1, 2025 | C.R.S. § 13-32-102(1)(a), (7) |
| Supervised administration, except contested claims | $198, in effect since January 1, 2025 | C.R.S. § 13-32-102(1)(c) |
| Petition for allowance of claim or contested claim | $198, in effect since January 1, 2025 | C.R.S. § 13-32-102(1)(d) |
| Trust registration statement | $198, in effect since January 1, 2025 | C.R.S. § 13-32-102(1)(e) |
| Petition for trust action | $229, in effect since January 1, 2025 | C.R.S. § 13-32-102(1)(f), (7) |
| Deposit of a will during the testator's lifetime | $18, in effect until July 1, 2027 | C.R.S. § 13-32-102(1)(h); C.R.S. § 15-11-515 |
| Demand for notice | $36, in effect until July 1, 2027 | C.R.S. § 13-32-102(1)(g); C.R.S. § 15-12-204 |
| Jury demand | $231, in effect until July 1, 2027 | C.R.S. § 13-71-144(1)(a) |
| Certified copy of a record, proceeding or paper on file | $20 | C.R.S. § 13-32-104(1)(f) |
| Certificate of exemplification | $20 | C.R.S. § 13-32-104(1)(h) |
| Copies, single sided or double sided, with a $15 maximum copy charge for parties to the case | $0.25 or $0.50, as cited by the Judicial Branch | C.R.S. § 13-32-104(1)(a); CJD 06-01 III(d)(i), as cited by the Judicial Branch |
| Fax, per page | $1 | Judicial Department fiscal rules, as cited by the Judicial Branch |
| Printed form instructions | Free | CJD 06-01 III(d)(iii), as cited by the Judicial Branch |
| Forms or form packets, per printed side | $0.25 | CJD 06-01 III(d)(iii), as cited by the Judicial Branch |
| Returned check | $50 | C.R.S. § 13-32-104(2) |
| JDF 999 collection of personal property by affidavit | No court charge because it is not filed with the court | JDF 998; C.R.S. § 15-12-1201 |
| Public administrator statement of account in a small estate | Waived under $500 in gross assets; $10 from $500 to under $2,000; $109 at $2,000 or more | C.R.S. § 15-12-623(1)(a); C.R.S. § 13-1-204 |
The Judicial Branch states that the posted list reflects the amount understood at the time of publication in January 2025 and that fees are ultimately governed by statute. The 2026 Colorado Revised Statutes already prints a July 1, 2027 amendment to C.R.S. § 13-32-102 that changes docket amounts and adds a $10 court security surcharge on each listed filing beginning July 1, 2027. Those future amounts are not current.
If payment is not possible, ask to file without payment using JDF 205 and JDF 206. The Judicial Branch fee-waiver page states that qualification depends on household income below 125 percent of the poverty line or enrollment in listed public benefit programs, with its income table updated January 13, 2026.
Timeline
- Within ten days after the death, or as soon after that as the death is known, the custodian of the will must deliver it for lodging to the court with probate jurisdiction in the Colorado county where the decedent resided or was domiciled. Use JDF 919 (C.R.S. § 15-11-516(1)).
- A collection of personal property by affidavit may be used ten or more days after death if the year-of-death ceiling and the other C.R.S. § 15-12-1201 conditions are met. For a death in 2026, the ceiling is $88,000 (C.R.S. § 15-12-1201).
- No informal probate, informal appointment, formal testacy or formal appointment proceeding may generally be started more than three years after death, subject to the statutory exceptions and carve-outs (C.R.S. § 15-12-108(1), (2)).
- For a nonresident decedent, the registrar delays appointment until thirty days have elapsed since death unless the applicant is the personal representative appointed at the decedent's domicile or the will directs that Colorado law governs (C.R.S. § 15-12-307(1)).
- Not later than thirty days after appointment, the personal representative sends information of appointment to heirs and devisees. Use JDF 940 (C.R.S. § 15-12-705(1)).
- Within three months after appointment, the personal representative prepares the inventory with date-of-death fair market values and encumbrances. The personal representative sends it to interested persons who request it, or files the original with the court (C.R.S. § 15-12-706).
- Unless a year or more has passed since death, notice to creditors is published three times, at least once during each of three successive calendar weeks. The published date must be not earlier than four months from first publication or one year from death, whichever comes first (C.R.S. § 15-12-801(1)).
- Claims that arose before death are barred as to all creditors one year after death, regardless of notice. That bar is a nonclaim statute that cannot be waived or tolled (C.R.S. § 15-12-803(1)(a)(III), (4)).
- A known creditor who receives written notice has until the later of the published deadline or sixty days from mailing or delivery, but not later than one year from death (C.R.S. § 15-12-801(2)).
- A surviving spouse's elective-share petition must be filed and served within nine months after death or within six months after probate of the will, whichever expires later (C.R.S. § 15-11-211).
- An informal estate may close by verified statement no earlier than six months after original appointment or one year after death, whichever comes first (C.R.S. § 15-12-1003(1)).
- If no proceeding involving the personal representative is pending one year after the closing statement is filed, the appointment terminates (C.R.S. § 15-12-1003(2)).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Colorado feature | Why it matters |
|---|---|
| One Denver court, district courts everywhere else | The Denver Probate Court is a constitutional court for the City and County of Denver (Colo. Const. art. VI, § 9(3); C.R.S. § 13-9-101). In the other 63 counties, probate is heard by the district court (Colo. Const. art. VI, § 9(1)). |
| Registrar versus judge | Informal proceedings are conducted without notice to interested persons by an officer of the court acting as registrar (C.R.S. § 15-10-201(26)). Formal proceedings are before a judge with notice (C.R.S. § 15-10-201(21)). That is the core difference. |
| Application versus petition | JDF 910 and JDF 916 are applications directed to the probate registrar. JDF 920 and JDF 922 are petitions directed to a judge (C.R.S. § 15-12-301(1)). |
| Two small-estate paths | JDF 999 is a collection of personal property by affidavit, not a court case and not a filing. Summary administrative procedure is a court case with an appointed personal representative and no dollar threshold in C.R.S. § 15-12-1203. |
| Indexed family amounts | For a death in 2026, Colorado's indexed amounts include surviving-spouse intestate first-dollar amounts of $442,000, $332,000 and $221,000 (C.R.S. § 15-11-102), a supplemental elective-share amount of $73,000 (C.R.S. § 15-11-202(2)), exempt property of $44,000 (C.R.S. § 15-11-403) and a family allowance of $44,000 or $3,667 monthly (C.R.S. § 15-11-405). |
| Intestacy details | Colorado intestacy includes a share for heirs other than a surviving spouse (C.R.S. § 15-11-103), a 120-hour survival rule (C.R.S. § 15-11-104) and per capita at each generation representation (C.R.S. § 15-11-106). Colorado also has a designated-beneficiary share section at C.R.S. § 15-11-102.5. |
| Inventory handling | The personal representative prepares the inventory within three months and sends it to interested persons who request it, or files the original with the court (C.R.S. § 15-12-706). The court filing is optional; the inventory duty is not. |
| Informal closing | Informal closing uses a sworn statement, JDF 965. It does not produce a discharge order. The appointment terminates one year later if nothing involving the personal representative is pending (C.R.S. § 15-12-1003). |
| Remote appearance tension | Chief Justice Directive 23-03 makes an uncontested informal probate proceeding presumptively flexible, but county virtual courtroom pages still direct parties to get prior approval before a virtual appearance. |
| Nonprobate creditor catch | A recipient of a nonprobate transfer can be liable to the probate estate for allowed claims and statutory allowances if the probate estate is insufficient, capped at the value received, subject to statutory exclusions (C.R.S. § 15-15-103). |
Small-estate alternatives
Colorado has two small-estate paths, and they are different.
| Path | How it works | Fee | Authority |
|---|---|---|---|
| Collection of personal property by affidavit | A successor presents JDF 999 to the person or institution holding the decedent's personal property. For a death in 2026, the fair market value of property subject to will or intestate succession, less liens and encumbrances, must not exceed $88,000. At least ten days must have passed, and no personal-representative application or petition may be pending or granted in any jurisdiction. | No court charge because it is not filed with the court. | C.R.S. § 15-12-1201; C.R.S. § 15-12-1202 |
| Summary administrative procedure | After appointment and inventory, the personal representative may distribute immediately if the estate value less liens and encumbrances does not exceed the listed allowances, administration costs, funeral expenses and last-illness medical expenses. C.R.S. § 15-12-1203 contains no dollar threshold. | $113 for an eligible estate involving no real property, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(a), (7)). | C.R.S. § 15-12-1203; C.R.S. § 15-12-1204 |
The collection-by-affidavit ceiling depends on the year of death because C.R.S. § 15-12-1201 sets it at twice the exempt-property amount in C.R.S. § 15-11-403 as adjusted under C.R.S. § 15-10-112.
| Year of death | JDF 999 ceiling | Authority |
|---|---|---|
| 2026 | $88,000 | C.R.S. § 15-12-1201 |
| 2025 | $86,000 | C.R.S. § 15-12-1201 |
| 2024 | $82,000 | C.R.S. § 15-12-1201 |
| 2023 | $80,000 | C.R.S. § 15-12-1201 |
| 2022 | $74,000 | C.R.S. § 15-12-1201 |
| 2021 and 2020 | $70,000 | C.R.S. § 15-12-1201 |
JDF 999 cannot transfer real estate. To act on an instrument that places a lien against real estate, such as a mortgage or deed of trust, C.R.S. § 15-12-1201(3.5) requires recording a copy of the affidavit and death certificate or verification of death with the clerk and recorder in the county where the real property is located. The Colorado Division of Motor Vehicles uses its own form, DR 2712, for vehicles.
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| The $30 equal justice fee was added to listed filings, producing the current $229 first filing amount for a decedent's estate and $113 small-estate amount. | January 1, 2025 | C.R.S. § 13-32-102(7), added by HB 24-1286 |
| The 23rd Judicial District took effect for Douglas, Elbert and Lincoln counties, leaving the 18th Judicial District as Arapahoe County. | January 7, 2025 | C.R.S. § 13-5-101; C.R.S. § 13-5-123.1; Colo. Const. art. VI, § 10(5) |
| The collection of personal property by affidavit ceiling for a death in 2026 is $88,000 because C.R.S. § 15-12-1201 sets the ceiling by reference to twice the C.R.S. § 15-11-403 exempt-property amount. | 2026 deaths, published January 21, 2026 | C.R.S. § 15-12-1201; C.R.S. § 15-10-112; JDF 999 revised April 28, 2026 |
| JDF 998 Guide to Collecting a Decedent's Personal Property was revised. | March 19, 2026 | Colorado Judicial Branch, JDF 998 |
| JDF 999 Collection of Personal Property by Affidavit was revised and carries the current year-of-death table. | April 28, 2026 | Colorado Judicial Branch, JDF 999 |
| The fee-waiver income table was updated for requests to file without payment using JDF 205 and JDF 206. | January 13, 2026 | Colorado Judicial Branch fee-waiver page |
| Colorado's statewide Virtual Proceedings Policy remains the operative rule for presumptively flexible proceedings, including uncontested informal probate proceedings. | Effective August 1, 2023 | Chief Justice Directive 23-03 |
| Colorado's probate docket amounts change and a $10 court security surcharge is added to each filing specified in C.R.S. § 13-32-102(1). | July 1, 2027 | C.R.S. § 13-32-102(1), (8), as amended by HB 26-1422 |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Colorado path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. A will does not affect joint tenancy in real property or personal property (C.R.S. § 15-15-102), so a home held in joint tenancy with right of survivorship passes outside the estate. If the decedent owned an interest alone or as tenant in common, the JDF 999 path cannot transfer it and the spouse usually needs an informal estate with JDF 910 or JDF 916, $229 in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(b), (7)), and JDF 915 letters. For a death in 2026, the spouse should also account for exempt property of $44,000 (C.R.S. § 15-11-403) and the family allowance under C.R.S. § 15-11-405. | Sunset finds accounts, policies, liabilities and title clues before the spouse chooses the route, then generates the estate settlement packet for the correct Colorado filing. |
| Out-of-state adult child with a small estate | If the estate is personal property only, at or below $88,000 for a 2026 death, at least ten days have passed and no personal-representative application or petition is pending or granted anywhere, the child may use JDF 999 without a court case (C.R.S. § 15-12-1201). If a case is needed, file in the Colorado county where the parent was domiciled at death (C.R.S. § 15-12-201(1)). A personal representative without a lawyer files at the counter, by mail or by a published drop box, not through Colorado Courts E-Filing. | Sunset checks the asset picture against the C.R.S. § 15-12-1201 ceiling, prepares the forms remotely and helps avoid travel when a county allows an approved virtual appearance. |
| Parent settling a predeceased child's estate, home must be sold | Real property rules out JDF 999 and also rules out the $113 small-estate court cost, which applies only to an eligible estate involving no real property (C.R.S. § 13-32-102(1)(a), (7)). If heirs are clear, an informal appointment on JDF 916 may produce JDF 915 Letters of Administration. If title needs an adjudication, use JDF 922 or a determination of heirs under C.R.S. § 15-12-1301 to § 15-12-1309. The inventory is due within three months (C.R.S. § 15-12-706), and pre-death claims are barred one year after death (C.R.S. § 15-12-803(1)(a)(III)). | Sunset identifies mortgages, liens and accounts before sale planning, then connects the parent with a Colorado probate attorney for the real estate and heir determination issues. |
Self-help resources
| Resource | What it provides | Important limit |
|---|---|---|
| Colorado Judicial Branch probate self-help hub | Statewide probate overview, guides, manuals, glossary, forms links and probate resources. | Procedural information only. |
| Probate forms list and Judicial Department Forms Search | Statewide JDF probate forms and form-number search. | Use the search page as well as the probate category because some forms are easier to find by number. |
| Probate registrar directory | Per-county contact route for the probate registrar, who reviews informal estate filings and can ask for corrected paperwork. | The registrar cannot give legal advice. |
| Self-represented litigant coordinators, known in Colorado courts as Sherlocks | Every judicial district has a coordinator who can explain forms, rules and steps in noncriminal cases. | They cannot provide legal advocacy or legal advice. |
| Fee waivers | JDF 205 and JDF 206 for asking to file without payment, with income and public-benefit eligibility information. | The income table was updated January 13, 2026 and changes over time. |
| Docket Search | Public search for scheduled hearings, including the PR probate case class. | Dockets only. Copies of filings come from the court where the case was filed. |
| Colorado Bar Association public legal brochures | Free brochures linked by the Judicial Branch, including probate and personal-representative topics. | Brochures are information, not representation. |
| Colorado Legal Services | Statewide civil legal aid provider serving all 64 Colorado counties, central line 303-837-1313. | Its published program areas do not include probate, so it is a place to ask whether help is available, not a promised estate representation source. |
| Colorado Department of Revenue estates and trusts | Fiduciary income tax information, form DR 0105 and the annual indexed probate dollar list. | This is about estate income during administration, not inheritance tax. |
When to hire an attorney
Colorado does not impose a blanket lawyer requirement on a personal representative, but counsel often makes sense when the will is contested, a formal hearing is needed, an interested person requests supervised administration, heirs must be adjudicated, real property must be sold, claims may exceed assets, an elective-share petition is being considered, a business or out-of-state asset is involved, or the personal representative's conduct could be challenged. An attorney also files through Colorado Courts E-Filing, which covers probate. Sunset connects the family to a vetted probate attorney.
How Sunset helps in Colorado
Find the accounts and assets. Sunset searches more than 2,300 institutions to identify accounts, policies and holdings that determine the Colorado path. That matters because the C.R.S. § 15-12-1201 affidavit ceiling, the real-property issue and the inventory all depend on the actual asset picture.
Generate the probate packet. Sunset turns the facts into the correct Colorado estate settlement forms, whether the family needs JDF 999, an informal application, a formal petition or a closing packet. For a personal representative without a lawyer, the packet must be ready for the counter, mail or a published drop box.
Find a local probate attorney. When a case needs formal appointment, supervised administration, real estate sale authority, heir determination, elective-share advice or claim disputes, Sunset connects the family with a vetted Colorado probate attorney.
Sunset is free for families. Sunset helps families move from uncertainty to a clear estate settlement plan without charging the family for the core service.
Frequently asked questions
Where do I file probate in Colorado?
File in the county where the decedent was domiciled or resident at death. If the decedent was not domiciled or resident in Colorado, file in any Colorado county where the decedent had property at death (C.R.S. § 15-12-201(1)). In 63 counties the forum is the district court. In Denver it is the Denver Probate Court.
How much does it cost to start probate in Colorado?
A first filing in a decedent's estate that is not a small estate costs $229, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(b), (7)). An eligible summary administrative procedure estate involving no real property costs $113, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(a), (7)). A supervised administration petition adds $198, in effect since January 1, 2025 (C.R.S. § 13-32-102(1)(c)).
What is the small estate limit in Colorado?
For the noncourt collection of personal property by affidavit, the ceiling is $88,000 for a 2026 death, $86,000 for a 2025 death, $82,000 for a 2024 death and $80,000 for a 2023 death (C.R.S. § 15-12-1201). That is separate from summary administrative procedure under C.R.S. § 15-12-1203, which has no dollar threshold.
Can I file Colorado probate paperwork electronically?
Attorneys file Colorado probate cases through Colorado Courts E-Filing, which expressly covers probate. For people who are not attorneys, the Judicial Branch system covers domestic relations and eviction cases, so a personal representative without a lawyer files at the counter, by mail or by the court's published drop box.
Do I need a lawyer to probate an estate in Colorado?
Colorado provides statewide self-help forms and self-represented litigant coordinators, and the statutes do not impose a blanket lawyer requirement on a personal representative. Get counsel when the matter is contested, a judge must decide appointment or heirs, the estate needs supervised administration, real estate must be sold, claims exceed assets or a spouse may elect against the will.
How long does Colorado probate take?
Use the statutory clocks, not a guess. Information of appointment is due within thirty days (C.R.S. § 15-12-705(1)). The inventory is prepared within three months (C.R.S. § 15-12-706). The published creditor date is not earlier than four months from first publication or one year from death, whichever comes first (C.R.S. § 15-12-801(1)). Pre-death claims are barred one year after death (C.R.S. § 15-12-803(1)(a)(III)). Informal closing can be filed no earlier than six months after original appointment or one year after death, whichever comes first (C.R.S. § 15-12-1003(1)).
Can I attend a Colorado probate hearing remotely?
Chief Justice Directive 23-03 makes an uncontested informal probate proceeding a presumptively flexible appearance. In practice, county virtual courtroom pages still direct parties to get prior approval before appearing virtually, and a judicial officer may require in-person attendance for good cause.
How do I look up a Colorado probate case?
Use the Colorado Judicial Branch Docket Search and choose the PR probate case class. It shows scheduled hearings by county, case number or party name. It is not a document search, and the statewide records index does not reach back before 1988.
Does Colorado have an inheritance tax or estate tax?
Colorado does not impose an inheritance tax, because the inheritance and succession tax was repealed effective July 1, 2002. Colorado does not impose a gift tax, because that article was repealed effective May 22, 2003. Colorado's estate tax statute remains on the books but imposes a tax equal to the federal credit for state death taxes, and that credit no longer exists, so the Colorado tax collects nothing and no Colorado return is required where no federal return is required (C.R.S. § 39-23.5-103; C.R.S. § 39-23.5-107(3)).
What happens if someone dies without a will in Colorado?
Intestate succession controls (C.R.S. § 15-11-102; C.R.S. § 15-11-103). The opening form is usually JDF 916 for an informal appointment or JDF 922 for a formal adjudication of intestacy and appointment. Colorado also has a 120-hour survival rule and per capita at each generation representation (C.R.S. § 15-11-104; C.R.S. § 15-11-106).
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.