How Probate Works in Colorado
Colorado's small-estate affidavit threshold isn't fixed — it rises almost every year with inflation, and which figure applies depends on the decedent's year of death, not the year you file.
Probate court
District Court, Probate Division (Denver Probate Court is a standalone court for Denver County only)
Typical timeframe
6–18 months typical
Small-estate affidavit limit
$88,000
Simplified probate limit
No flat dollar limit — see below
Creditor claim deadline
122 days
Community property state
No
Does Colorado require probate?
Probate is required for solely-owned assets. Colorado's main efficiency lever isn't a dollar threshold at all — "informal probate" is available for estates of any size as long as the matter is uncontested and the court registrar is satisfied with the paperwork; "formal probate" (with a judge) is reserved for actual disputes, not gated by value.
How to avoid full probate in Colorado
- Affidavit for Collection of Personal Property — a true out-of-court affidavit for personal property up to the year-of-death threshold: $88,000 for 2026 deaths (this figure rises most years — check the applicable year before relying on it).
- At least 10 days must have passed since death, and no personal representative can be appointed anywhere.
- Real property is not covered by the affidavit, though a lien against real estate can be recorded through it.
The probate process in Colorado
Most counties route probate through the District Court's probate division; Denver is the only county with its own freestanding Denver Probate Court, created directly by the Colorado Constitution.
Creditor claims in Colorado
Claims are barred after the earlier of 4 months from first publication or 1 year from the date of death — a hard bar. Known creditors who receive direct notice get 60 days from that notice, but never past the 1-year outer limit.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
I live in Denver — is probate handled differently than the rest of Colorado?
Yes. Denver is the only county with its own stand-alone Denver Probate Court; every other county routes probate through its District Court's probate division.
Does 'informal probate' mean my estate is small enough to qualify?
No — informal probate isn't about estate size at all. It's available for estates of any value as long as the matter is uncontested.
How long do I have to wait before distributing assets to heirs?
Both informal and formal probate must stay open for at least the creditor-claims period — the earlier of 4 months after first published notice or 1 year after death — before final distributions.
Related guides
Probate in other states
Colorado figures checked against Colorado Judicial Branch — JDF 998, Guide to Collecting a Decedent's Personal Property on July 22, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.