When someone dies owning property in Colorado, their estate generally has to go through one of a few distinct legal processes before assets can be legally transferred to heirs or beneficiaries. Which process applies, and how long it takes, depends heavily on the size of the estate, whether real estate is involved, and whether anyone disputes the will or the appointment of a personal representative. Colorado’s adoption of the Uniform Probate Code makes its system more streamlined than many states, but the process still varies significantly in scope depending on which track an estate falls into.

Colorado’s Three Probate Tracks

The Small Estate Affidavit

For estates consisting entirely of personal property, meaning no real estate is involved, and valued under Colorado’s annual statutory threshold, heirs can use a small estate affidavit to collect assets without going through court at all. This threshold adjusts each year for inflation under C.R.S. 15-12-1201, and sits at approximately $88,000 for deaths occurring in 2026, though the exact figure should be confirmed for the specific year of death. The affidavit can be used as early as 10 days after death, and the party holding the asset, typically a bank or financial institution, is legally protected from liability for releasing the property to the person presenting the affidavit. This process cannot be used to transfer real estate under any circumstances, regardless of the estate’s overall value.

Informal Probate

Informal probate is the path most Colorado estates actually take. It applies when there is no dispute over the validity of the will, no disagreement over who should serve as personal representative, and the estate does not otherwise require judicial intervention. Under Colorado’s system, informal probate is handled by a court registrar rather than a judge, and the personal representative is typically appointed quickly and then manages the estate independently, including inventorying assets, notifying creditors, paying valid debts, and eventually distributing what remains to heirs or beneficiaries.

One of the more efficient aspects of Colorado’s informal probate process is that no final court accounting is required in most cases, though the personal representative must still prepare an accounting and provide it to interested persons, and administration is unsupervised by default, meaning the personal representative does not need ongoing court approval for routine estate management decisions. Colorado law requires all probate cases, whether informal or formal, to remain open for a minimum of six months, largely to allow the four-month creditor claim period, which begins from the date of first publication of notice to creditors, to run its course before the estate can be closed.

Formal Probate

Formal probate becomes necessary when there is a genuine dispute that requires a judge’s decision, such as a contested will, disagreement among heirs, questions about whether the named personal representative is appropriate, or other unresolved legal issues. Because formal probate involves actual court hearings and judicial rulings rather than administrative processing by a registrar, it generally takes considerably longer than informal probate, often 12 to 18 months or more depending on the complexity of the dispute and how quickly the parties involved are able to resolve it.

Either informal or formal probate can also be either supervised or unsupervised. Supervised administration, which is not the default and must generally be requested, involves closer ongoing court oversight of the personal representative’s actions throughout the process, which some families choose when there is a heightened risk of mismanagement or disagreement among beneficiaries even short of outright litigation.

Other Practical Considerations

Colorado does not impose a state estate tax or inheritance tax, so the vast majority of estates face no state-level death tax obligation. Only the federal estate tax applies, and only to estates exceeding the federal exemption amount, which is a very high threshold that affects a small percentage of estates overall. Probate is filed in the District Court of the county where the decedent was domiciled at the time of death, and certain assets, including those held in joint tenancy, payable-on-death accounts, retirement accounts with named beneficiaries, and assets held in a properly funded living trust, generally pass outside the probate process entirely regardless of which track would otherwise apply.

Probate Guidance from TNS Law

Thomas N. Scheffel & Associates has guided Denver-area families and personal representatives through Colorado probate and estate administration for more than four decades, including small estate affidavits, informal probate, and more complex formal or contested matters. The firm’s practice also covers estate planning, elder law, and probate litigation for situations that require it. To discuss a probate matter or estate administration question, contact TNS Law at 303-759-5937, with offices at 3801 E. Florida Ave, Suite 600, Denver, CO.

Frequently Asked Questions

Do all estates in Colorado have to go through probate? No. Estates consisting only of personal property under the annual small estate threshold can often avoid probate entirely through a small estate affidavit, and assets held in joint tenancy, in a funded trust, or with a named beneficiary generally pass outside of probate regardless of estate size.

How is a personal representative appointed in Colorado? In informal probate, a registrar appoints the personal representative through an administrative process, typically issuing Letters Testamentary or Letters of Administration authorizing that person to act on behalf of the estate. In formal probate, a judge makes this determination, often after a hearing if there is a dispute over who should serve.

What happens if someone contests a will in Colorado? A contested will generally moves the estate from informal probate into formal probate, since a judge needs to resolve the dispute. This typically extends the overall timeline and may involve additional hearings, evidence, and legal proceedings before the estate can be settled.

Can real estate be transferred using a small estate affidavit? No. Colorado’s small estate affidavit process only applies to personal property. Real estate solely owned by the decedent generally requires either a probate proceeding or must have been placed into a mechanism that avoids probate during the person’s lifetime, such as a revocable living trust or a Beneficiary Deed.