Colorado Probate Guide: How to File Probate in Colorado Without an Attorney

Q: Does Colorado have a state estate tax?

No. Colorado does not have a state estate tax or inheritance tax. The only estate tax that may apply is the federal estate tax, which only applies to gross estates exceeding approximately $13.99 million in 2025. However, Colorado does have a state income tax (flat 4.40%), so the deceased's final DR 0104 return and possibly the estate's DR 0105 fiduciary return must be filed.

Q: How long does Colorado probate take?

Colorado informal probate typically takes 6–12 months for straightforward estates. The minimum time is driven by the 60-day creditor notice period and the requirement that the Closing Statement cannot be filed until at least 6 months after the Personal Representative's appointment. Complex estates with real estate disputes, contested wills, or large creditor claims take longer.

Colorado Probate at a Glance

Court

District Court

Probate Type

UPC — Informal (no hearing)

Small Estate Affidavit

$74,000 · 10-day wait

Creditor Notice Period

60 days from first publication

State Estate Tax

None

State Income Tax

Flat 4.40% (DR 0104 / DR 0105)

Filing Fee

~$199–$224

Community Property

No — separate property state

Do You Need Probate in Colorado?

Colorado probate is required only for assets titled in the deceased's name alone — without a surviving joint owner or named beneficiary. Many estates pass entirely outside probate through beneficiary designations, joint tenancy, or trust.

Requires probate: Real estate in the deceased's name alone; bank/investment accounts with no POD/TOD or joint owner; vehicles titled in the deceased's name; personal property
No probate needed: Joint tenancy property; POD/TOD accounts; life insurance with named beneficiaries; IRAs and 401(k)s with beneficiaries; living trust assets; real estate with a recorded beneficiary deed (Colorado Designated Beneficiary Agreement)

If the estate consists only of personal property worth $74,000 or less and no real estate, the small estate affidavit (C.R.S. § 15-12-1201) may allow you to skip probate entirely after just a 10-day wait.

Colorado Small Estate Affidavit — Skip Probate for Estates Under $74,000

Colorado's small estate affidavit (C.R.S. § 15-12-1201) is available when:

At least 10 days have elapsed since the date of death (one of the shortest waiting periods in the country)
The gross value of the decedent's personal property does not exceed $74,000 — calculated before subtracting debts
No probate proceeding is pending or has been commenced in any state
The estate includes no real estate (or it passes some other way)

Colorado is not a community property state. All personal property titled in the decedent's name alone counts toward the $74,000 threshold. Named beneficiary accounts (IRA, 401k, life insurance, POD/TOD) do not count toward the threshold — they transfer directly to beneficiaries without an affidavit.

Present the notarized affidavit and certified death certificate to the financial institution holding the assets. The institution is legally required to comply (C.R.S. § 15-12-1201(b)).

Informal vs. Formal Probate in Colorado

✓ Informal Probate

No court hearing required
Reviewed by probate registrar
Uncontested will or no will
Agreed-upon Personal Representative
Most Colorado estates
Faster and less expensive

Formal Probate Required

Will is being contested
Disputed PR appointment
Minor heirs need court protection
PR needs court direction
Complex creditor disputes
Requires court hearing before judge

14 Steps to Colorado Probate

Determine whether probate is required
Identify what assets are titled in the deceased's name alone vs. passing by beneficiary designation or joint tenancy.
Locate the will and gather documents
Find the original will; order 8–10 certified death certificates; compile list of heirs and devisees.
File for informal probate
File the Application for Informal Probate (JDF 900 series) with the District Court in the decedent's county. Filing fee ~$199–$224.
Receive Letters Testamentary
After the registrar's Order, request 6–10 certified copies of Letters Testamentary — each institution requires its own copy.
Notice to heirs and devisees
Mail written notice to all heirs and devisees within 30 days of appointment (C.R.S. § 15-12-705). Keep proof of mailing.
Open an estate bank account
Apply for an estate EIN at irs.gov, then open a dedicated estate checking account. Never mix estate and personal funds.
Publish Notice to Creditors
Publish in a local newspaper for two consecutive weeks. The 60-day creditor claim period starts at first publication (C.R.S. § 15-12-801).
Prepare the Inventory and Appraisal
File a complete inventory of estate assets with date-of-death values within 3 months of appointment (C.R.S. § 15-12-706).
Manage and protect estate assets
Maintain insurance, secure real estate, pay property taxes, and forward mail to identify outstanding accounts.
Review and pay creditor claims
After the 60-day period closes, pay valid claims in statutory priority order (C.R.S. § 15-12-805).
File tax returns
File final federal Form 1040, federal Form 1041 (if estate income >$600), Colorado DR 0104 (deceased's final return), and Colorado DR 0105 (fiduciary) if applicable.
Transfer real estate
Execute a Personal Representative's Deed; file Colorado Real Estate Transfer Declaration (TD-1000); record with county clerk and recorder.
Transfer vehicles and personal property
Transfer vehicle titles through Colorado DMV or county motor vehicle office. Distribute personal property with signed heir receipts.
File the Closing Statement
File the Closing Statement (C.R.S. § 15-12-1003) — not before 6 months after appointment. Formally discharges you as Personal Representative.

No Colorado Estate Tax

Colorado does not have a state estate tax or inheritance tax. Most Colorado estates only need to consider the federal estate tax — which applies only if the gross estate exceeds approximately $13.99 million (2025 exemption). Virtually all Colorado estates owe no estate tax at either the state or federal level.

Colorado income tax obligations: Even without an estate tax, Colorado Personal Representatives must file:

• Colorado Form DR 0104 — the deceased's final individual income tax return (due April 15 the following year). Colorado's flat income tax rate is 4.40%.
• Colorado Form DR 0105 — fiduciary income tax return for the estate, required if the estate earns income (interest, dividends, rent, business income) during administration. Filed annually until the estate closes.

Frequently Asked Questions

Do I need a court hearing to open probate in Colorado? ▼

No. Colorado is a Uniform Probate Code state. Most estates qualify for informal probate, reviewed administratively by the probate registrar — no hearing, no judge. File the Application with the District Court and the registrar issues the appointment order if requirements are met.

What is Colorado's small estate affidavit threshold? ▼

$74,000 in personal property, with only a 10-day wait from the date of death (C.R.S. § 15-12-1201). The estate must include no real estate and no pending probate proceeding. Colorado is not a community property state, so all assets in the decedent's name count toward the threshold.

Does Colorado have a state estate tax? ▼

No. Colorado has no state estate tax or inheritance tax. Only the federal estate tax applies, and only if the gross estate exceeds approximately $13.99 million (2025). Colorado does have a 4.40% flat income tax — the deceased's final DR 0104 and possibly the estate DR 0105 must be filed.

Is Colorado a community property state? ▼

No. Colorado is a separate property state. All assets titled in the decedent's name alone are part of the estate. This is relevant for the small estate affidavit — unlike community property states where only the decedent's half counts, in Colorado the full value of solely-titled assets counts toward the $74,000 threshold.

How long does Colorado probate take? ▼

Most straightforward Colorado informal probate estates take 6–12 months. The timeline is driven by the 60-day creditor notice period and the 6-month minimum before filing the Closing Statement. Estates with real estate disputes, tax complications, or contested creditor claims take longer.

Colorado Probate Articles

Ready to File Colorado Probate Yourself?

Our Colorado guide walks through the informal probate application, every filing deadline, the creditor notice process, real estate and vehicle transfers, DR 0104/DR 0105 tax returns, and the Closing Statement — with plain-English instructions at every stage.

Start Colorado Probate Guide — $37.99 →

Instant access · One-time payment

Get Colorado Small Estate Kit — $17.99 →

File Probate in Colorado Yourself