Colorado follows the Uniform Probate Code, offering a flexible and relatively executor-friendly probate system. Colorado's affidavit threshold is adjusted by year of death and remains one of the more generous in the country, which helps many families avoid full probate for smaller estates.
How Probate Works in Colorado
Colorado probate is filed in the District Court of the county where the deceased was domiciled. Under the Colorado Uniform Probate Code, estates can proceed through informal probate — handled by the Registrar with minimal judicial involvement — or formal probate, which requires court orders and is used for contested or complex matters.
In informal probate, the personal representative is appointed quickly and then manages the estate independently: inventorying assets, notifying creditors, paying debts, and distributing assets. No final court accounting is required in informal proceedings, making Colorado one of the least court-intensive probate systems in the country.
Small Estate Shortcuts in Colorado
Colorado updates its affidavit threshold by year of death. For decedents who died in 2025, heirs can use the affidavit when the gross probate estate is $86,000 or less. The affidavit can be used 10 days after death, which is also one of the shortest waiting periods in the country. It applies primarily to personal property, with separate rules for real-estate-related documents.
State Estate Tax
Colorado has no state estate tax or inheritance tax. The state's estate tax was effectively eliminated when the federal state death tax credit was phased out. Only the federal estate tax applies, and only for very large estates.
How Long Does Probate Take in Colorado?
Colorado informal probate typically closes in 6 to 12 months. The 4-month creditor period begins from first publication. Denver and Arapahoe County courts can have moderate scheduling delays; mountain and rural counties tend to move faster. The 10-day affidavit waiting period for small estates is notably short.
Executor Compensation
Colorado personal representatives are entitled to reasonable compensation. There is no statutory rate, and courts evaluate reasonableness based on the time spent, complexity, and size of the estate. A guideline of 2–3% of estate value is commonly accepted, with higher rates for complex estates requiring significant professional judgment.