What Families Need to Know After a Death in Colorado

Colorado follows the Uniform Probate Code — one of the more streamlined probate systems in the country. Its $88,000 small estate threshold (adjusted periodically for inflation) is among the most generous in the Mountain West, and the state's unsupervised administration process keeps most uncontested estates out of the courtroom. Colorado has no state estate tax, and its advance directive law allows a single combined document. This guide covers every area that matters after a death in Colorado.

Probate
Probate & Small Estate Rules in Colorado

Colorado probate is filed in the District Court (Probate Division) in the county where the deceased lived. Colorado adopted the Uniform Probate Code, which creates a more flexible, less court-intensive process than states with older probate systems.

Colorado's small estate threshold is $88,000 for personal property (C.R.S. § 15-12-1201). Heirs can use a written affidavit to claim that personal property as early as 10 days after death — one of the shortest waiting periods in the country. No court filing is required. The affidavit is presented directly to whoever holds the asset (a bank, for example).

Real property cannot use the affidavit procedure. To transfer real estate, the estate must either go through probate, or the property must pass through a mechanism that avoids probate entirely — such as a joint tenancy with survivorship rights, a Transfer on Death (TOD) deed recorded before death, or a revocable living trust. Colorado recognizes TOD deeds for real property, which makes them a practical planning tool for homeowners.

Informal vs. Formal Probate

Colorado's UPC-based system offers two tracks. Informal probate is handled administratively by the court registrar — no hearing required, faster and cheaper than most states. It is available when the will is not contested and no interested party requests formal proceedings.

Formal probate requires a court hearing. It is used when a will is contested, a minor heir is involved, or an interested party requests court supervision. Formal probate takes longer but provides judicial oversight for complex or disputed situations.

Additional rules to know:

• Creditor claim period: claims are due by the deadline in the published notice to creditors (four months after first publication) and, in any case, are barred one year after the date of death (C.R.S. § 15-12-803).
• Personal representative compensation: Reasonable compensation; Colorado has no statutory fee schedule.
• Typical duration: 6–12 months for informal administration; typical, not guaranteed.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Colorado. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Colorado

A valid Colorado will requires the testator's signature plus either two witnesses, who each sign within a reasonable time after seeing the testator sign or acknowledge the will, or an acknowledgment before a notary (C.R.S. § 15-11-502). For a witnessed will, adding a notarized self-proving affidavit is strongly recommended — it eliminates the need for witness testimony during probate and speeds up the process.

Colorado also recognizes holographic wills — wills whose signature and material portions are in the testator's own handwriting — with no witnesses required (C.R.S. § 15-11-502(2)). While legally valid, holographic wills are more frequently challenged in court and should not substitute for a properly witnessed will when there is any possibility of dispute.

Colorado will also honor a will that was valid where it was originally executed — so a will signed correctly under another state's law is generally enforceable in Colorado. If the deceased relocated to Colorado with an out-of-state will, that document should still be presented to the District Court.

If there is no valid will, Colorado's intestate succession law (C.R.S. § 15-11-102) determines who inherits. See the Intestacy section for a full breakdown.

Advance Directive
Colorado Advance Directive

Colorado allows two separate documents to address end-of-life healthcare decisions. A Medical Durable Power of Attorney names a healthcare agent who makes decisions if the person becomes incapacitated. A Living Will Declaration states the person's preferences for life-sustaining treatment at the end of life. Both documents can be used together or separately.

To be valid, both documents require the person's signature plus either two witnesses or a notary public. The named healthcare agent cannot serve as a witness on either document.

Colorado also recognizes a CPR Directive (commonly called a Do Not Resuscitate order) — a separate physician-signed form that governs emergency resuscitation. The CPR Directive is a distinct document from the Living Will Declaration and requires a physician's signature to be enforceable by emergency responders.

The healthcare agent's authority ends at death. From that point, the personal representative (executor) manages estate matters.

Spousal Rights
Spousal Rights & Intestate Succession in Colorado

Colorado is not a community property state. Property acquired during a marriage is not automatically jointly owned — each spouse holds their own separate property. This has important implications for how assets pass at death compared to community property states like California or Arizona.

Intestate Succession

Under C.R.S. § 15-11-102, when a person dies without a valid will, the surviving spouse's share depends on the family structure:

• If the deceased leaves a surviving spouse and descendants who are all also the spouse's descendants, and the spouse has no other descendants — the spouse takes the entire estate.
• If all of the deceased's descendants are also the spouse's, but the spouse has descendants from another relationship — the spouse takes the first $332,000 (2026 deaths; $225,000 adjusted for inflation) plus half of the rest.
• If the deceased has descendants who are not the spouse's (for example, children from a prior marriage) — the spouse takes the first $221,000 (2026 deaths; $150,000 adjusted for inflation) plus half of the rest.
• If there are no descendants but a parent survives — the spouse takes the first $442,000 (2026 deaths; $300,000 adjusted for inflation) plus three-quarters of the rest. With no descendants and no parent, the spouse takes the entire estate.

Elective Share

Even if the deceased left a will that provides little or nothing to the surviving spouse, Colorado law gives the spouse the right to claim an elective share — up to 50% of the "augmented estate" (C.R.S. § 15-11-202). The percentage is phased in based on years of marriage, reaching 50% after five years of marriage. This prevents one spouse from effectively disinheriting the other through a will.

Exempt Property and Family Allowances

Colorado's homestead statute (C.R.S. § 15-11-402) protects the family home from creditors but does not create a separate cash allowance. The cash benefit families actually receive is the exempt property allowance, currently around $44,000 for 2026 (C.R.S. § 15-11-403, CPI-adjusted annually from a $30,000 base) — paid to the surviving spouse, or to dependent children jointly if there is no surviving spouse, before other distributions. This is separate from any inheritance share. The surviving spouse is also entitled to a reasonable family allowance for support during estate administration — the amount is set by the court based on the family's circumstances and the size of the estate.

Vehicle Transfer
Transferring a Vehicle After Death in Colorado

Colorado allows vehicles to be transferred to heirs using an affidavit when the estate qualifies as a small estate — personal property under $88,000. The heir presents the completed affidavit and a certified copy of the death certificate at any Colorado DMV office. No court order is required.

For larger estates, the personal representative transfers vehicle title using Letters Testamentary — the court document that authorizes the personal representative to act. Letters Testamentary are presented at a DMV office along with the death certificate and the existing title.

Vehicles that were jointly titled with survivorship rights transfer automatically to the surviving co-owner by presenting a death certificate at the DMV — no affidavit or probate required. Vehicles held in a revocable living trust transfer to the successor trustee without any court involvement, which is one of the practical advantages of a trust-based estate plan in Colorado.

Medicaid Recovery
Medicaid Estate Recovery in Colorado

Colorado Medicaid — administered by the Colorado Department of Health Care Policy and Financing (HCPF) — has the right to seek reimbursement from a deceased beneficiary's estate for long-term care costs paid for beneficiaries aged 55 and older. This includes nursing home care, home- and community-based services, and related hospital and prescription costs.

Colorado's recovery is generally described as limited to the probate estate, so assets that pass outside probate are generally outside a claim. Confirm with HCPF how a trust or joint asset is treated before you rely on it:

• Assets in a revocable living trust pass to the successor trustee without probate — generally no recovery.
• Property held in joint tenancy with survivorship rights transfers directly to the survivor — generally no recovery.
• Real property transferred via a recorded TOD deed passes to the named beneficiary — generally no recovery.
• Accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts) pass directly — generally no recovery.

Recovery is automatically deferred in three circumstances: while a surviving spouse is living, while a minor child is living, or while a blind or permanently disabled child of any age is living.

Personal representatives should notify HCPF before distributing estate assets. HCPF has until the close of the creditor claim period to file a recovery claim. Distributing assets before HCPF has been notified can create personal liability for the personal representative.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.

Estate Tax
Colorado Estate Tax

Colorado does not have a state estate tax or inheritance tax. Only the federal estate tax applies — and at a 2026 individual exemption of $15 million, it affects only the wealthiest estates.

For most Colorado families, the practical tax considerations when settling an estate involve income taxes rather than estate taxes. Inherited retirement accounts (IRAs, 401(k)s) are subject to income tax when distributions are taken — non-spouse beneficiaries generally must withdraw the account within 10 years under the SECURE Act rules. Inherited property outside retirement accounts receives a stepped-up basis, eliminating capital gains tax on appreciation that occurred during the deceased's lifetime.

If the estate earns more than $600 in income during administration — from rent, dividends, or interest — a federal income tax return (Form 1041) is required. Colorado also requires a fiduciary income tax return (Form 105) for estates with Colorado-source income. An estate accountant can help determine which returns are needed.

Death Certificates
Ordering Death Certificates in Colorado

In Colorado, death certificates are issued by the Colorado Department of Public Health and Environment (CDPHE) — Vital Records. The first certified copy costs $25, and additional copies ordered at the same time cost $20 each (2026 fee schedule).

You can order certified copies in three ways:

• Online: Through the CDPHE Vital Records online portal at cdphe.colorado.gov/certificates, or through VitalChek (an authorized vendor) with a convenience fee.
• By mail: Submit a completed application and payment (money order or check) to CDPHE Vital Records, 4300 Cherry Creek Drive South, Denver, CO 80246.
• In person: At the CDPHE office in Denver or at some county clerk offices. Call ahead to confirm current hours.

How many copies do you need? Most families settling a Colorado estate will need 8–10 certified copies. Each financial institution, the DMV, the Social Security Administration, pension administrators, insurance companies, and each real property transaction each typically require one. Order extras upfront — reordering individually later costs the same but adds several weeks of delay.

The funeral home files the original death certificate with the state within 5 days of death. Certified copies are usually available within a few weeks.

Intestacy
Who Inherits When There Is No Will in Colorado

If the deceased died without a valid will, Colorado's intestate succession law (C.R.S. § 15-11-102) determines who inherits. As a Uniform Probate Code state, Colorado's intestate rules are detailed and fact-specific. Only blood relatives and legally recognized spouses inherit — unmarried partners, friends, and stepchildren (without adoption) receive nothing under intestacy.

If there is a surviving spouse

• Spouse and descendants — all of whom are also the spouse's, and the spouse has no other descendants: Spouse takes the entire estate.
• Spouse and descendants — all of whom are also the spouse's, but the spouse has descendants from another relationship: Spouse takes the first $332,000 (2026 deaths) plus half of the rest.
• Spouse and descendants — at least one is not the spouse's descendant (e.g., a child from a prior relationship): Spouse takes the first $221,000 (2026 deaths) plus half of the rest. The descendants share the remainder.
• Spouse and a parent, no descendants: Spouse takes the first $442,000 (2026 deaths) plus three-quarters of the rest; the parent(s) take the remainder.
• Spouse, no descendants, no parent: Spouse takes the entire estate.

The dollar amounts in C.R.S. § 15-11-102 ($300,000, $225,000, and $150,000) are adjusted each year for inflation under § 15-10-112; the 2026 figures above apply that formula.

If there is no surviving spouse

• Descendants only: Children inherit in equal shares. Grandchildren step into the share of a deceased parent by representation.
• No descendants: Estate passes to parents in equal shares.
• No parents: Estate passes to siblings and their descendants.
• No siblings: Estate passes to grandparents or their descendants following the UPC priority rules. If no heirs can be found, the estate escheats to the state.

Colorado's UPC rules are structured to protect blended families and address step-relationships more specifically than older intestacy laws. A will — even a simple one — eliminates the ambiguity and ensures assets go where the deceased intended.

Small Estates
Colorado Small Estate Affidavit

Colorado's small estate affidavit procedure (C.R.S. § 15-12-1201) allows an heir to collect personal property without opening formal probate. Colorado's $88,000 threshold is one of the highest in the country, meaning a large percentage of Colorado estates can use this simplified procedure.

Eligibility requirements

• The total value of all personal property subject to probate must be $88,000 or less (adjusted for inflation; check current amount with CDPHE or the court).
• The affidavit cannot be used until 10 days after death — the shortest waiting period of any state.
• There must be no pending application to appoint a personal representative in court.
• Real property (land, houses) cannot be transferred by this affidavit — only personal property qualifies.

How to use the affidavit

The affidavit is presented directly to the asset holder — a bank, the Colorado DMV, an employer — rather than filed with a court. The person signing takes on personal liability for valid creditor claims up to the value of what they receive. Each financial institution may have its own supplemental requirements, so contact them before presenting the affidavit.

For vehicles, visit any Colorado DMV location with the affidavit, the death certificate, and the vehicle title. For bank accounts, contact the financial institution directly for their specific requirements — many have their own forms alongside the state affidavit.

Bereavement Leave
Bereavement Leave in Colorado

Colorado does not have a dedicated state bereavement leave law for private-sector employees. No statute requires private employers to provide a set number of days off after a family member's death.

Colorado's Healthy Families and Workplaces Act (HFWA) does let employees use accrued paid sick leave after a death. Since August 7, 2023 (SB23-017), paid sick leave can be used to grieve, attend funeral services or a memorial, or handle financial and legal matters after a family member's death. The leave you can use is the paid sick leave you have accrued, so it is not a separate bank of bereavement days.

The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for serious health conditions and family caregiving — but does not specifically cover bereavement.

What Colorado workers can access in practice:

• Employer policy: Most medium and large Colorado employers offer 3–5 days of paid bereavement leave as a voluntary benefit. Check your employee handbook or speak with HR.
• Accrued paid sick or PTO leave: Under the HFWA you can use accrued paid sick leave after a death. Check your employer's policy for how to request it and whether it offers more.
• Colorado state employees: State employees receive bereavement leave under State Personnel Board rules — typically 3 days for immediate family.

If you need additional time, request unpaid leave from your employer. Colorado law does not prevent employers from granting extended leave — many do so for immediate family deaths.

For a full comparison of every state's rules, see our bereavement leave by state guide.

Resources
Official Colorado Estate Resources

These official sources are the most reliable starting points for Colorado estate matters. Every factual claim in this guide has been checked against state statutes and agency websites.

• Colorado Judicial Branch — Probate Self-Help — Court forms, instructions, and resources for filing probate in Colorado District Courts.
• C.R.S. Title 15 — Colorado Probate Code — The primary statute governing probate, wills, intestacy, and small estates in Colorado.
• CDPHE Vital Records — Death Certificate Ordering — Order certified death certificates; $25 first copy, $20 each additional.
• Colorado DMV — Vehicle Transfer After Death — Instructions for transferring a vehicle title when the owner has died.
• Colorado HCPF — Third Party Liability and Estate Recovery — Information on when Colorado Medicaid may seek reimbursement from a deceased beneficiary's estate.

Frequently Asked Questions

What is the small estate threshold in Colorado?

Colorado's small estate affidavit threshold is $88,000 in personal property (C.R.S. § 15-12-1201), adjusted periodically for inflation. The affidavit is available just 10 days after death and is presented to asset holders directly — no court filing required. Real property always requires a different process.

Does Colorado have a state estate tax?

No. Colorado has no state estate tax or inheritance tax. Only the federal estate tax applies, and the 2026 individual exemption is $15 million — affecting very few Colorado estates.

How long does probate take in Colorado?

Informal probate in Colorado typically takes 6–12 months. Colorado's UPC-based system allows informal administration through a court registrar without a hearing, which is faster than most states. Formal probate — required for contested wills or minors — takes longer.

Does Colorado recognize holographic wills?

Yes. Colorado recognizes holographic wills whose signature and material portions are in the testator's own handwriting, with no witnesses required (C.R.S. § 15-11-502(2)). They are legally valid but more susceptible to challenge. A properly witnessed will is preferable whenever possible.

How much does a death certificate cost in Colorado?

The first certified copy costs $25 and additional copies ordered at the same time cost $20 each through CDPHE Vital Records. Order online at cdphe.colorado.gov/certificates or through VitalChek. Most estates need 8–10 copies for financial institutions, government agencies, and property transfers.

Can Colorado Medicaid recover from a living trust or TOD deed?

No. Colorado limits Medicaid estate recovery to the probate estate only. Assets passing through a living trust, TOD deed, joint tenancy with survivorship rights, or beneficiary designations are protected from recovery.