Colorado Probate Timeline: Key Deadlines for Personal Representatives

Colorado Probate Deadline Summary

Deadline	Task	Authority
Immediately ASAP	Secure estate assets; maintain insurance on real estate and vehicles	Fiduciary duty
As soon as appointed ASAP	Publish Notice to Creditors in local newspaper — starts the 60-day claim period	C.R.S. § 15-12-801
Within 30 days Hard deadline	Mail notice to all heirs and devisees of your appointment as PR	C.R.S. § 15-12-705
Within 3 months Hard deadline	File Inventory of Estate Assets with date-of-death values	C.R.S. § 15-12-706
60 days after first publication Hard deadline	Creditor claim period closes — do not distribute assets before this date	C.R.S. § 15-12-801
April 15 (year after death) Hard deadline	File deceased's final Colorado Form DR 0104 income tax return	Colorado DOR
April 15 annually Hard deadline	File Colorado Form DR 0105 (fiduciary income) if estate has taxable income	Colorado DOR
After 6 months Hard deadline	Earliest date to file Closing Statement — cannot file before 6 months	C.R.S. § 15-12-1003
Before closing ASAP	Confirm all tax returns filed; all debts paid; all assets distributed	Fiduciary duty

Start the creditor clock as early as possible. The 60-day creditor period doesn't begin until first publication. Every day you wait to publish is a day added to the end of the estate. File your Application, receive Letters, and publish your Notice to Creditors in the same week if possible.

Phase-by-Phase Breakdown

Phase 1 — Before Filing (Day 1–30 from Death)

Locate the original will and secure estate assets
Order 8–10 certified death certificates from Colorado CDPHE or county clerk
Identify all heirs and devisees with current addresses
Determine if estate qualifies for small estate affidavit ($74,000 personal property, 10-day wait)
Download current probate forms from coloradojudicial.gov

Phase 2 — Filing and Appointment (Week 2–6)

File Application for Informal Probate (JDF 900 series) with District Court — fee ~$199–$224
Receive Order Appointing Personal Representative from probate registrar
Request 6–10 certified copies of Letters Testamentary
Apply for estate EIN at irs.gov and open estate bank account

Phase 3 — Notices (Within 30 Days of Appointment)

Mail notice to all heirs and devisees (C.R.S. § 15-12-705) — keep proof of mailing
Publish Notice to Creditors in county newspaper — two consecutive weeks
Mail direct notice to all known creditors (30-day period from mailing)
Record date of first publication — 60-day creditor period begins

Phase 4 — Inventory (Within 3 Months of Appointment)

List all estate assets with date-of-death fair market values
Hire licensed appraiser for real estate and unusual assets
Obtain date-of-death valuations from banks, brokers, and DMV (Kelley Blue Book)
File Inventory with District Court (C.R.S. § 15-12-706)

Phase 5 — Creditor Claims and Asset Management (Month 2–6)

Review all creditor claims filed during the 60-day period
Allow or disallow each claim in writing (C.R.S. § 15-12-806)
Pay valid claims in statutory priority order (C.R.S. § 15-12-805)
Maintain insurance and security on all estate property

Phase 6 — Tax Returns (April 15 the Year After Death)

File deceased's final federal Form 1040
File deceased's final Colorado Form DR 0104 (4.40% flat rate)
File federal Form 1041 (estate income) if estate gross income exceeds $600
File Colorado Form DR 0105 (fiduciary) if estate has Colorado taxable income
No federal or Colorado estate tax return needed for most estates

Phase 7 — Distributions and Closing (Month 6+)

Transfer real estate with Personal Representative's Deed; record with county clerk and recorder; file TD-1000
Transfer vehicle titles through Colorado DMV or county motor vehicle office
Distribute personal property to heirs; obtain signed receipts
Confirm all debts paid, all assets distributed, all taxes filed
File Closing Statement (C.R.S. § 15-12-1003) — not before 6 months after appointment

60-day creditor period — how Colorado compares: Colorado's 60-day period (from first publication) is the standard UPC creditor period. Montana, Wyoming, and Utah all use the same 60-day UPC framework. Compare this to California's 4-month creditor period or Oregon's 4-month period — Colorado's UPC framework is significantly faster for straightforward estates.

No Colorado estate tax: Colorado has no state estate tax or inheritance tax. The federal estate tax only applies if the gross estate exceeds approximately $13.99 million (2025). Most Personal Representatives in Colorado have no estate tax returns to file — only the income tax returns (DR 0104 and possibly DR 0105) apply.

Colorado income tax deadlines: Colorado's flat 4.40% income tax means two potential returns:
• DR 0104 — the deceased's final individual return, due April 15 (same as federal Form 1040)
• DR 0105 — fiduciary income tax for the estate, due April 15 annually if the estate earns income
Extensions are available (Form DR 0158-F for fiduciary). Interest and penalties apply for late filing without an extension.

Factors That Can Extend the Timeline

Real estate sales: Listing, marketing, and closing on estate real estate typically adds 2–4 months
Disputed creditor claims: Disallowed claims that are appealed require court intervention
Contested will or appointment: Triggers formal probate — adds 6–18 months
Estate income tax: If the estate earns income across multiple calendar years, a DR 0105 return is needed for each year before closing
Missing heirs: Locating all heirs to provide required notice can delay distributions
Out-of-state assets: Colorado real estate is handled in Colorado; real estate in other states requires ancillary probate in those states

More Colorado Probate Guides

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