The Colorado probate code, set out in Title 15 of the state’s revised statutes, governs how wills are validated, how estates are distributed when someone dies, how surviving spouses and children are protected, and how disputes get resolved. The standard filing fee to open a probate case is $229. Depending on the estate and whether anyone contests it, the process can be a straightforward paperwork exercise or extended courtroom litigation. The code also offers several shortcuts that reduce cost and delay, but using them requires knowing the thresholds and deadlines.
Where a Probate Case Is Filed
A probate case is filed in the district court of the county where the person who died last lived.1Justia. Colorado Revised Statutes 15-12-201 – Venue for First and Subsequent Proceedings Denver is the one exception: the Denver Probate Court has exclusive jurisdiction over probate matters there instead of the regular district court.2Justia. Colorado Code 13-9-103 – Jurisdiction If the decedent owned real estate in another county or another state, a separate ancillary proceeding may be needed in that jurisdiction to transfer that property.
What Makes a Will Valid
Colorado recognizes several types of wills, and the rules are more flexible than most people assume. The formalities are what separate a will that moves through probate without trouble from one that invites a challenge.
Witnessed or Notarized Wills
A standard will must be in writing and signed by the testator (or by someone else at the testator’s direction and in their conscious presence). Beyond the signature, the will needs either two witnesses who sign within a reasonable time after watching the testator sign or acknowledge the document, or acknowledgment by the testator before a notary public.3Justia. Colorado Code 15-11-502 – Execution – Witnessed or Notarized Wills – Holographic Wills The notarized option is unusual among states: a valid Colorado will can be executed with a notary and no witnesses at all.
Witnesses do not have to be disinterested, so a beneficiary can serve as one. In practice, using a beneficiary invites challenges and is easy to avoid.
Holographic Wills
A handwritten will with no witnesses is valid as long as the signature and the material portions are in the testator’s handwriting.3Justia. Colorado Code 15-11-502 – Execution – Witnessed or Notarized Wills – Holographic Wills Courts can look at outside evidence, including non-handwritten parts of the document, to decide whether the person intended it as their will. Holographic wills generate more disputes than witnessed or notarized ones because no independent observer can confirm the circumstances of signing.
Self-Proving Wills
A self-proving will includes a sworn affidavit from the testator and witnesses, signed before an officer authorized to administer oaths. The affidavit confirms that the testator signed willingly, was at least eighteen, was of sound mind, and was not under undue influence.4FindLaw. Colorado Revised Statutes 15-11-504 – Self-Proved Will The affidavit can be signed at the same time as the will or added later. When probate opens, the court can accept a self-proving will without tracking down witnesses to testify.
Electronic Wills
Colorado adopted the Uniform Electronic Wills Act in 2021, making it one of a small number of states treating an electronic will as legally equivalent to a paper one.5Colorado General Assembly. HB21-1004 Colorado Uniform Electronic Wills Act An electronic will must still be signed with an electronic signature, witnessed or notarized, and show testamentary intent. The law also allows remote witnessing, where witnesses observe the signing by audio-video rather than being physically present.
Revoking a Will
A will can be revoked by executing a later will that either expressly revokes the earlier one or is inconsistent with it, or by a physical act like burning, tearing, or destroying the document with intent to revoke. Divorce automatically revokes provisions in favor of the former spouse, treating them as if they predeceased the testator. Assuming an old will “doesn’t count anymore” without taking one of these formal steps is a frequent mistake.
What Happens With No Will
When someone dies without a valid will, Colorado’s intestacy statute controls who inherits. The surviving spouse comes first, but the share depends on whether the decedent had children from another relationship:
- No descendants, or all descendants are shared with the surviving spouse: the spouse inherits the entire estate.
- Descendants from another relationship exist: the spouse receives the first $150,000 (subject to cost-of-living adjustments) plus half the remaining estate, and the rest goes to the decedent’s children.6Justia. Colorado Revised Statutes 15-11-102 – Share of Spouse
The $150,000 is a statutory base amount Colorado adjusts periodically using a cost-of-living formula, so the actual number may be higher in later years.
If there is no surviving spouse, the estate passes to the decedent’s children in equal shares. If a child died before the decedent but left children, those grandchildren step into the parent’s share. With no spouse and no descendants, the estate goes to the decedent’s parents; if neither parent is alive, to siblings. The chain continues outward through grandparents, aunts, uncles, and cousins. With no findable relative, the estate escheats to the state.
Protections for the Surviving Spouse and Children
Several protections apply regardless of what the will says, because the state has a policy interest in keeping a decedent from leaving family with nothing.
Elective Share
A surviving spouse unhappy with what the will leaves them can petition for an elective share of the “augmented estate,” which includes probate assets and certain nonprobate transfers like joint accounts and life insurance. The petition must be filed within nine months of the decedent’s death or six months after the will is admitted to probate, whichever is later.7FindLaw. Colorado Revised Statutes 15-11-211 – Right of Election The percentage rises with the length of the marriage and reaches its maximum at fifteen years. Missing the deadline forfeits the right entirely.
Exempt Property and Family Allowance
The code also gives the surviving spouse (or minor children if there is no spouse) a right to a fixed dollar amount of personal property free from creditor claims, plus a family allowance that provides ongoing support during estate administration. Both amounts are adjusted periodically. These protections come off the top before the estate is divided, taking priority over most creditor claims and over bequests in the will.
Assets That Skip Probate
Not everything a person owns goes through probate. A sizable portion of most estates transfers directly to beneficiaries outside the probate process:
- Joint tenancy property: real estate or accounts held in joint tenancy pass automatically to the surviving owner.
- Payable-on-death and transfer-on-death accounts: bank, brokerage, and similar accounts with a designated beneficiary transfer directly at death.
- Life insurance and retirement accounts: proceeds go to the named beneficiary unless the estate itself is the beneficiary.
- Property held in trust: assets placed in a revocable or irrevocable trust during life are distributed under the trust’s terms.
Beneficiary Deeds for Real Estate
Colorado allows an owner to use a “beneficiary deed” to transfer real estate directly to a named person at death, bypassing probate.8Justia. Colorado Revised Statutes 15-15-401 – Definitions The deed must identify the property, name the beneficiary, state that the transfer takes effect at death, be signed before a notary, and be recorded with the county clerk. The owner keeps full control during life and can revoke the deed at any time by filing a revocation with the same office.
Small Estate Affidavit
For a modest estate, Colorado offers a streamlined process that avoids opening a probate case. If the total value of the estate, minus liens and encumbrances, is $88,000 or less in 2026, heirs can collect property using a simple affidavit.9Colorado Judicial Branch. JDF 998 – Guide to Collecting Decedent’s Personal Property The threshold is adjusted annually.
The person collecting the property waits at least ten days after the death, then presents the affidavit to whoever holds the asset: a bank, employer, brokerage firm, or similar institution. The affidavit must state that the estate qualifies under the threshold and that the person presenting it is entitled to the property. The filing fee for a small estate is $113, compared with $229 for a standard probate case.10Colorado Judicial Branch. List of Fees
The Personal Representative
The personal representative manages the estate through probate. If the will names someone, that person has priority for appointment. With no will, or when the named person cannot serve, the court follows a priority order that favors the surviving spouse, then other heirs, then creditors.
The duties are substantial. The representative identifies and safeguards estate assets, notifies creditors, pays valid debts, files tax returns, and distributes what remains. Colorado law imposes a duty of loyalty, requiring the representative to act solely in the estate’s interest and avoid self-dealing. The representative must also act with reasonable care in managing investments and other assets. Self-dealing or mismanagement can result in personal liability, removal by the court, or both.
Detailed records of every transaction are required. Beneficiaries have the right to demand an accounting and to challenge actions they believe are improper. A representative who commingles funds, makes unauthorized investments, or fails to pay estate taxes on time can be surcharged personally for losses.
Informal Versus Formal Probate
The code offers two tracks, and which one applies depends largely on whether anyone objects.
Informal probate is the default for uncontested estates. The representative files the required paperwork, and the process is largely administrative from there. The court does not hold hearings or actively supervise the estate unless someone raises a concern. Most Colorado estates run through informal probate.
Formal probate is required when there is a dispute: over the will’s validity, who should serve as representative, how assets should be distributed, or any other contested issue. Formal probate involves court hearings and judicial oversight. A court may also order supervised administration, which requires the representative to get court approval before major actions like selling property or making distributions. The filing fee for supervised administration is $198.10Colorado Judicial Branch. List of Fees
Creditor Claims and the Order of Payment
Before any beneficiary receives a distribution, the estate must settle its debts. The personal representative notifies known creditors individually and publishes a notice to unknown creditors in a local newspaper. Publication starts a four-month window for creditors to submit claims.11Justia. Colorado Revised Statutes 15-12-801 – Notice to Creditors
Regardless of when notice is published, Colorado also imposes an absolute one-year deadline from the date of death. Claims not filed within one year are permanently barred, and this deadline cannot be waived or extended.12Justia. Colorado Revised Statutes 15-12-803 – Limitations on Presentation of Claims The representative evaluates each claim and can reject any that lacks supporting documentation. A rejected creditor can petition the court, but carries the burden of proving the debt is legitimate.
Priority When the Estate Cannot Pay Everyone
When assets are not enough to pay all claims, Colorado law applies a strict hierarchy:13Justia. Colorado Revised Statutes 15-12-805 – Classification of Claims
- Trust or fiduciary property the decedent held for someone else is returned first.
- Administration costs, including court fees and attorney fees.
- Reasonable funeral and burial expenses.
- Debts and taxes with federal priority.
- Medical expenses of the last illness.
- Debts and taxes with state priority.
- Medicaid recovery claims for benefits paid on the decedent’s behalf.
- Public assistance recovery for excess benefits the decedent received.
- Unpaid child support that was due at death.
- All other claims, including credit cards and personal loans.
Within each class, creditors share equally. If the estate runs out of money at any level, lower-priority creditors receive nothing. A representative who distributes assets to beneficiaries before paying all valid debts risks personal liability for the unpaid amounts.
Taxes on a Colorado Estate
Colorado does not impose a state estate tax. The state’s estate tax was effectively eliminated for anyone who died after December 31, 2004, and no filing is required.14Colorado General Assembly. Estate Tax Colorado also has no inheritance tax, so beneficiaries owe no state tax on what they receive.
Federal estate tax is separate. For 2026, the basic exclusion amount is $15,000,000 per individual, a significant increase enacted by the One, Big, Beautiful Bill Act signed in July 2025.15Internal Revenue Service. What’s New – Estate and Gift Tax Estates below that threshold owe no federal estate tax. Married couples who do proper planning can effectively double the exclusion, sheltering up to $30,000,000. For estates above the threshold, the top federal rate is 40%.
Separately, any estate generating $600 or more in gross income during administration must file a federal income tax return on Form 1041. This catches estates with rental property, investment accounts, or ongoing business income. The personal representative files both the decedent’s final individual return and any estate income tax returns that come due.
Guardianship and Conservatorship
When someone cannot manage their own personal or financial affairs due to incapacity, Title 15 provides a framework for court-appointed guardians and conservators. These are separate roles.
A guardian handles personal decisions: where the person lives, what medical treatment they receive, and daily care arrangements. The petition must include medical evidence of incapacity, and the court prioritizes family members unless there is a conflict of interest.16Colorado Office of Public Guardianship. Guardianship and Alternatives to Guardianship Guardians file annual reports describing the ward’s condition and whether the guardianship should continue, be modified, or end.
A conservator manages the financial side: paying bills, managing investments, and protecting assets. The petitioner must show that the person’s finances are at risk due to incapacity. Conservators file an inventory of the protected person’s assets and submit annual financial accountings. Mishandling funds or failing to account can result in removal and personal liability.
Guardianship removes significant rights, including the right to choose where to live, consent to medical treatment, and enter contracts. Colorado courts increasingly look at less restrictive alternatives such as supported decision-making agreements or limited conservatorships that preserve as much autonomy as possible.
Will Contests and Representative Misconduct
The most common grounds for contesting a will are undue influence (someone pressured the testator into making or changing it), lack of testamentary capacity (the testator did not understand what they were signing), and improper execution (the will did not meet the formal requirements).
Any interested party, including heirs, beneficiaries, and creditors, can challenge a will, but the challenger carries the burden of proof. That means concrete evidence: medical records showing cognitive decline, testimony from people who witnessed pressure on the testator, or expert analysis of a disputed signature. General feelings about what the decedent would have wanted do not carry a contest.
Misconduct by the personal representative is another frequent source of litigation. Beneficiaries who believe assets are being wasted, hidden, or mismanaged can petition the court for removal and replacement. If the court finds a breach of fiduciary duty, it can order restitution, surcharge the representative personally for losses, or impose other remedies. A self-proving will and a trustworthy personal representative are the most effective ways to keep an estate out of this kind of dispute.