How Probate Works in Colorado (And How You Can Avoid Probate)

If you’ve recently lost a loved one—or are planning ahead for your own estate—you might be wondering: What exactly is probate, and how does it work in Colorado?  

Probate is the court process of transferring probate assets, validating a will, validating and paying debts of a decedent. While it can sound intimidating, probate does not always need to be difficult or intimidating, and when estate planning is done properly, probate can be avoided almost entirely.  

This guide walks you through everything you need to know about the probate process in Colorado, including when it applies, how long it takes, and how to avoid it altogether.

What Is Probate?

Probate is the court process of administering a deceased person’s estate, including but not limited to, identifying assets, identifying and verifying debts and distributing remaining assets according to will (testate) —or state law if there is no will (intestate).

In Colorado, probate typically falls into three categories:

1. Small Estate Procedure

This is for estates under $86,000 with no real estate involved.

2. Informal Probate

The most common process, whether with a will (testate) or without a will (intestate) and no disputes.

3. Formal Probate

This is for estates where there is a will contest or other disputes and Court supervision is required or requested.

How Long Does Probate Take in Colorado?

Probate timelines depend on the complexity of the estate and type of probate:

• Small estates: A few weeks
• Informal probate: 6 months to 2 years is typical
• Formal probate: 2+ years, especially with litigation

Delays often occur due to creditor claims, real estate sales, or disagreements among heirs.

How Much Does Probate Cost?

Costs vary, but you can expect:

• Filing fees and costs – $500+
• Attorney fees – $7,500+
• Personal Representative fees – depends on whether the personal representative chooses to take compensation, but usually $35 to $125 per hour.
• Administration fees and costs – funeral costs, final medical expenses, etc. 

Typically, all of these fees are either paid directly from the probate estate or reimbursed to anyone incurring such fees and/or costs.

How Can You Avoid Probate in Colorado?

Avoiding probate can be fairly easy to accomplish in Colorado with proper estate planning.   Here are a few tools that can help:

• Upon death, assets pass directly to your beneficiaries, avoiding probate.
• Joint Tenancy with Right of Survivorship (JTWROS) – Real estate or accounts held this way transfer automatically to the surviving owner.  This is the most common setup for assets jointly owned between spouses. 
• Payable-on-Death (POD) or Transfer-on-Death (TOD) designations – Name beneficiaries on bank accounts, retirement accounts, or real estate titles.
• Beneficiary Deeds – Colorado allows real estate to pass outside probate via a properly recorded beneficiary deed.

Need Help Navigating Probate?

At The Law Office of Kevin R. Hancock, we guide families through every step of the probate process with compassion and clarity. Whether you need assistance administering a loved one’s estate—or want to protect your own—we’re here to help.