Probate in Colorado
Colorado probate is administered in the District Court of the county where the deceased resided. Colorado follows the Uniform Probate Code and offers informal (unsupervised) and formal (supervised) administration. Informal administration is available in most cases and allows the personal representative to act without court approval for most decisions, making Colorado's probate process relatively efficient.
Colorado probate typically takes 6–12 months. Personal representatives are entitled to reasonable compensation.
Simplified estate procedures
Colorado allows a small estate affidavit procedure for estates with personal property of $75,000 or less. The affidavit may be used to collect assets from financial institutions without court involvement, available 10 days after death — one of the shortest waiting periods in the country.
Colorado also allows a simplified procedure for surviving spouses to set aside personal property up to $25,000 without administration. Real property generally requires probate or a trust to transfer at death.
Death certificates
Colorado death certificates are issued by the Colorado Department of Public Health and Environment (CDPHE) Vital Records section and by county clerk and recorder offices. The cost is $20 per certified copy. Order online through CDPHE or VitalChek, or in person at the county clerk's office.
Order 10–12 certified copies when the funeral home files the initial certificate. Additional copies ordered later take longer and cost the same — ordering up front saves time.
Estate and inheritance tax
- State estate tax: Colorado has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- 10-day affidavit waiting period: Colorado's 10-day waiting period for small estate affidavits is among the shortest in the country, allowing surviving family members to access small accounts relatively quickly.
- Creditor claim period: 1 year from the date of death, or 4 months from the date of first publication of notice to creditors — whichever is later.
- Transfer on death deed: Colorado allows beneficiary deeds (transfer on death deeds) for real property, enabling real estate to pass to named beneficiaries without probate.
- Elective share: Colorado provides a surviving spouse with an augmented estate elective share — the right to claim a portion of the estate regardless of the will.
Key contacts
- Colorado CDPHE vital records: cdphe.colorado.gov/vital-records
- Colorado Courts probate information: coloradojudicial.gov
- Colorado Bar Association lawyer referral: cobar.org