How Probate Works in Colorado: Informal vs Formal (2026)

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When someone dies in Colorado owning property in their sole name, that property usually has to pass through probate before it can reach the heirs. The word probate scares people, but Colorado is one of the more forgiving states in the country for this. Because Colorado adopted the Uniform Probate Code, the majority of estates move through a paperwork-based process called informal probate that rarely involves a judge or a hearing.

This guide walks through how probate works in Colorado, the difference between informal and formal probate, what the personal representative does, and the timeline and costs you can realistically expect.

The essentials

  • Governing law: Colorado Probate Code, C.R.S. Title 15, Article 12
  • Most common path: informal probate (application, not a lawsuit)
  • Where: district court in the county where the person lived
  • Who runs it: the personal representative (called an executor in other states)
  • Typical length: the estate must stay open at least six months
  • Smallest estates: may skip probate entirely with a small estate affidavit

What probate is and when it is required

Probate is the court-supervised process of proving a will (if there is one), appointing someone to settle the estate, paying debts and taxes, and distributing what is left to the rightful heirs or beneficiaries. In Colorado it runs through the district court of the county where the decedent was domiciled, and the Colorado Judicial Branch publishes the official forms and self-help instructions for opening an estate.1

Not every asset goes through probate. Property held in joint tenancy, accounts with a named beneficiary, and assets in a living trust pass outside probate automatically. Probate is generally needed only for assets titled in the deceased person's name alone with no beneficiary designation. If the estate is small enough, even those can be collected without a full probate, which we cover in our guide on the Colorado small estate affidavit.

Informal probate: the common path

Most Colorado estates qualify for informal probate. This is the streamlined route used when there is a valid will and no serious dispute among the heirs, or when there is no will but everyone agrees on who should administer the estate. Instead of filing a lawsuit, an interested person files an application with the court registrar under C.R.S. 15-12-301 and following, and a clerk reviews it rather than a judge holding a hearing.2

If the paperwork is in order, the registrar issues a statement appointing the personal representative and, where applicable, admits the will informally. From that point the personal representative can gather assets, pay bills, and distribute the estate largely without ongoing court supervision. This is what makes Colorado probate relatively inexpensive compared with states that require formal court oversight for every estate. It is also why many Coloradans decide a living trust is optional rather than essential, a trade-off we explore in our living trust versus will guide.

Formal probate: when the court steps in

Formal probate is the litigated version. It is used when there is a genuine problem: a will contest, a question about which of several wills is valid, an ambiguous document, disputes among heirs, or a missing original will. In these cases an interested party petitions for a formal proceeding under C.R.S. 15-12-401 and following, and a judge holds hearings and enters binding orders resolving the issues.3

Formal probate can also be supervised, meaning the court oversees the personal representative's actions and must approve the final distribution. It takes longer and costs more because of the added court involvement and, often, attorneys. The good news is that most families never need it. A clear, valid will is the single best way to keep an estate in the informal track. If you have not made one yet, start with our step-by-step guide on how to write a will in Colorado.

The personal representative

The personal representative is the person legally responsible for settling the estate. If there is a will, it names this person. If there is no will, Colorado law sets a priority order for who may serve, starting with a surviving spouse and other heirs. Once appointed, the personal representative receives letters testamentary or letters of administration, the documents that prove their authority to banks and other institutions.

The personal representative's core duties

  • Inventory and value the estate's assets
  • Notify heirs, beneficiaries, and known creditors
  • Publish notice to creditors and pay valid claims and taxes
  • Keep estate funds separate and account for every transaction
  • Distribute what remains to the people entitled to it

This is a fiduciary role, meaning the personal representative must act in the estate's best interest, not their own. Colorado gives creditors a defined window to bring claims, and the personal representative publishes notice and manages that process under the creditor-claim provisions of the probate code.4

The Colorado probate timeline

A Colorado estate cannot be wrapped up overnight. By statute the estate must remain open for at least six months from the date the personal representative is appointed, because that is the period during which creditors may present claims.4 In practice a straightforward informal estate often takes somewhere between six months and a year to close. A contested or complex estate, or one that must sell real estate or file estate tax returns, can run well beyond a year.

A rough sequence looks like this: file the application and get appointed, notify heirs and creditors, inventory and value assets, pay debts and any taxes, then distribute and file a final closing statement with the court.

What probate costs in Colorado

Colorado does not charge probate fees based on a percentage of the estate, which keeps costs lower than in many states. The main expenses are the district court filing fee, publication and certified-copy costs, appraisal fees when needed, and attorney or personal-representative fees, which must be reasonable. For a simple informal estate handled largely by the family, out-of-pocket costs are often modest. Formal or contested probate, with hearings and lawyers, is where expenses climb.

Because informal probate in Colorado is comparatively cheap and simple, the biggest cost driver is almost always conflict, and conflict usually traces back to an unclear estate plan or no will at all. To see how the state would divide your property if you left no will, read what happens when there is no will in Colorado.

Reducing or avoiding probate

Many Coloradans take simple steps to keep assets out of probate: beneficiary designations on accounts, a beneficiary deed for real estate, joint ownership, or a living trust. We cover each option in detail in our guide on how to avoid probate in Colorado. Even if you use those tools, a will is still the backstop that catches anything left in your sole name. You can create a clear, Colorado-specific will with our online will builder.

Frequently Asked Questions

Is probate always required in Colorado?

No. Assets that pass by beneficiary designation, joint tenancy, or a living trust avoid probate. Very small estates can be collected with a small estate affidavit instead of opening a probate case.

How long does informal probate take in Colorado?

The estate must stay open at least six months so creditors can file claims. A simple informal estate commonly closes within six months to a year.

Do I need a lawyer for probate in Colorado?

Not for a straightforward informal estate, which the Colorado Judicial Branch designs for self-represented personal representatives. Formal or contested probate usually warrants an attorney.

What is the difference between informal and formal probate?

Informal probate is a clerk-reviewed paperwork process used when there is no dispute. Formal probate involves a judge and hearings and is used for contests, ambiguous wills, or other disputes.

Sources

  1. 1Colorado Judicial Branch: Probate self-help and forms (coloradojudicial.gov)
  2. 2C.R.S. 15-12-301: Informal probate; application (Colorado Probate Code) (colorado.public.law)
  3. 3C.R.S. 15-12-401: Formal testacy proceedings (law.justia.com)
  4. 4C.R.S. 15-12-801: Notice to creditors (claim period) (law.justia.com)
  5. 5Colorado Revised Statutes, Title 15 (official) (leg.colorado.gov)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Online Will Colorado. He gathers the rules from the Colorado statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

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Frequently asked questions

Yes, when you finish it correctly. Colorado recognizes the holographic will under C.R.S. Sec. 15-11-502(2). Such a will is valid if the signature and the material portions are in the testator's own handwriting, and no witnesses are required. Our service builds your draft to reflect Colorado succession law, but the document only becomes a valid holographic will once you copy the material portions in your own hand and sign it yourself. A printout that you merely sign does not qualify.

Because that is exactly what Colorado law demands for this route. Under C.R.S. Sec. 15-11-502(2), a holographic will skips the usual witness requirement only if the signature and the material portions are in your own handwriting. A typed or printed page, even with your signature, would not meet that test and could be rejected in probate. We give you a clean, finished draft so the handwriting step is simple: you copy the wording onto paper in your own hand and sign it.

Your children, generally yes. Colorado has no forced heirship, so you are free to decide who inherits and you may leave an adult child out (be clear and specific to reduce disputes). Your spouse is different. Under the elective share rules in C.R.S. Sec. 15-11-201 and following, a surviving spouse who is disinherited can claim a statutory share of the augmented estate, and the percentage grows with the length of the marriage. You cannot fully cut out a spouse against their will, so plan realistically around that right.

Somewhere safe, dry, and findable by the person who will handle your estate. Many people use a home fireproof box or a bank safe deposit box and tell their personal representative where it is. Colorado also lets you deposit your will with the clerk of the district court for safekeeping during your lifetime under C.R.S. Sec. 15-11-515. There is no separate central will registry in the state, so what matters most is that the original can actually be located after your death.

We do not recommend it. A single joint document shared by two people creates problems for a holographic will, because each testator's material portions and signature must be in that person's own handwriting, and a joint will can tie the survivor's hands later. The cleaner approach is two separate mirror wills: each spouse handwrites and signs their own document, with matching terms. Our service walks each of you through your own will so both are individually valid.

Yes, and it is easy to do. In Colorado you can revoke or replace a will at any time while you have capacity. The simplest, safest method is to write a brand new holographic will that is fully in your own handwriting and signed by you, stating that it revokes all prior wills. Avoid crossing out lines or writing notes in the margins of an existing will, since messy edits invite challenges. When life changes (marriage, divorce, a new child, a move), make a fresh will.

No, and we are upfront about that. Our service helps you produce a solid, Colorado-specific draft to copy out by hand, which suits many straightforward estates. It is not legal advice and it does not replace an attorney. If your situation is complex (blended families, business interests, sizable or out-of-state assets, trusts, or possible disputes over the spousal elective share), talk to a Colorado estate planning lawyer before you rely on a handwritten will.

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