Skip to main content

Colorado Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Colorado.

Find Your County

Do I Need Probate?Free assessment toolEstate ChecklistStep-by-step tasksFee CalculatorEstimate your costsGlossaryLegal terms explainedFirst StepsWhat to do firstEstate PlanningPlan your own will & POA

Types of Probate in Colorado

Colorado offers several probate procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.

See the full comparison of Colorado probate typesWhich procedures exist, who qualifies, and how the timelines compare.
Not sure which applies? Take the assessment →

Find your county

Colorado Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 64 counties have detailed data.

Full data available: AdamsFull data available: AlamosaFull data available: ArapahoeFull data available: ArchuletaFull data available: BacaFull data available: BentFull data available: BoulderFull data available: BroomfieldFull data available: ChaffeeFull data available: CheyenneFull data available: Clear CreekFull data available: Conejos
Show all 64 counties
Full data available: CostillaFull data available: CrowleyFull data available: CusterFull data available: DeltaFull data available: DenverFull data available: DoloresFull data available: DouglasFull data available: EagleFull data available: ElbertFull data available: El PasoFull data available: FremontFull data available: GarfieldFull data available: GilpinFull data available: GrandFull data available: GunnisonFull data available: HinsdaleFull data available: HuerfanoFull data available: JacksonFull data available: JeffersonFull data available: KiowaFull data available: Kit CarsonFull data available: LakeFull data available: La PlataFull data available: LarimerFull data available: Las AnimasFull data available: LincolnFull data available: LoganFull data available: MesaFull data available: MineralFull data available: MoffatFull data available: MontezumaFull data available: MontroseFull data available: MorganFull data available: OteroFull data available: OurayFull data available: ParkFull data available: PhillipsFull data available: PitkinFull data available: ProwersFull data available: PuebloFull data available: Rio BlancoFull data available: Rio GrandeFull data available: RouttFull data available: SaguacheFull data available: San JuanFull data available: San MiguelFull data available: SedgwickFull data available: SummitFull data available: TellerFull data available: WashingtonFull data available: WeldFull data available: Yuma

Want a probate attorney to handle this?

We can connect you with a local attorney in Colorado.

Connect

Settled Estate is not a law firm and does not give legal advice.

Colorado Probate Guides

View all guides
Colorado Probate Guide
COJun 10, 2026

Colorado Probate Guide

How to Avoid Probate in Colorado
COJun 10, 2026

How to Avoid Probate in Colorado

Colorado Probate Timeline
COJun 10, 2026

Colorado Probate Timeline

Colorado Personal Representative Duties
COJun 10, 2026

Colorado Personal Representative Duties

Ancillary Probate in Colorado: Out-of-State Property
COJul 1, 2026

Ancillary Probate in Colorado: Out-of-State Property

Can You Handle Colorado Probate Without a Lawyer?
COJul 1, 2026

Can You Handle Colorado Probate Without a Lawyer?

Browse Colorado guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Probate Basics

4

Forms & Court

2

Executor Duties

3

Taxes & Deadlines

8

Planning Documents

7

Property Transfer

1

Avoiding Probate

3
Full guide library

Colorado Probate Self-Help and Online Resources

Colorado Estate Law Overview

Colorado Estate Tax Info

Colorado has no estate tax for current deaths and no inheritance tax, and it has no probate tax - probate filings carry only flat docket fees. Colorado does have a flat state income tax.

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives probate property when a Colorado resident dies without a valid will.

View spouse inheritance rules
No surviving descendant or parent of the decedent100%

The surviving spouse receives the entire intestate estate when the decedent leaves no descendant and no parent (C.R.S. § 15-11-102(1)(a)).

All of the decedent's surviving descendants are also descendants of the surviving spouse, and the spouse has no other surviving descendant100%

The surviving spouse receives the entire intestate estate when every surviving descendant is shared and the spouse has no descendants from another relationship (C.R.S. § 15-11-102(1)(b)).

No descendant of the decedent survives, but a parent of the decedent survivesFirst $300,000 (base; $442,000 for deaths in 2026 as adjusted), plus 3/4 of any balance

C.R.S. § 15-11-102(2); dollar amount adjusted under C.R.S. § 15-10-112 ($442,000 for decedents dying in 2026 per the Department of Revenue table).

All of the decedent's surviving descendants are also descendants of the surviving spouse, but the spouse has one or more surviving descendants who are not descendants of the decedentFirst $225,000 (base; $332,000 for deaths in 2026 as adjusted), plus 1/2 of any balance

C.R.S. § 15-11-102(3); dollar amount adjusted under C.R.S. § 15-10-112 ($332,000 for decedents dying in 2026).

One or more of the decedent's surviving descendants are not descendants of the surviving spouse (for example, children from a prior relationship)First $150,000 (base; $221,000 for deaths in 2026 as adjusted), plus 1/2 of any balance

C.R.S. § 15-11-102(4); dollar amount adjusted under C.R.S. § 15-10-112 ($221,000 for decedents dying in 2026). If more than one circumstance applies, the one producing the largest spouse share is used.

View order of inheritance (no spouse)
  1. 1DescendantsThe share not passing to a surviving spouse or designated beneficiary, or all if neither survives; per capita at each generation
  2. 2Parents (and descendants of deceased parents alongside them)If no descendant survives, the estate is divided into equal shares among surviving parents and deceased parents who left surviving descendants; each surviving parent takes a share, and a deceased parent's share passes per capita at each generation to that parent's descendants
  3. 3Descendants of parents (siblings and their descendants)If no descendant or parent survives, the estate passes per capita at each generation to the surviving descendants of the decedent's deceased parents
  4. 4Grandparents (and descendants of deceased grandparents alongside them)If no descendant, parent, or descendant of a parent survives, the estate is divided among surviving grandparents and deceased grandparents who left surviving descendants, with a deceased grandparent's share passing per capita at each generation to that grandparent's descendants
  5. 5Descendants of grandparents (aunts, uncles, cousins)If no descendant, parent, descendant of a parent, or grandparent survives, the estate passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents

Colorado Homestead Protection

Colorado homestead protection is a statutory creditor exemption, not an unlimited constitutional homestead system and not a probate allowance. Under C.R.S. § 38-41-201 (as amended by SB 22-086, effective April 7, 2022), every homestead occupied as a home is exempt from execution and attachment up to $250,000 of equity, or $350,000 if the homestead is occupied by an owner, an owner's spouse, or an owner's dependent who is elderly (age 60 or older) or disabled.

0
Creditor protection: read the statute text

$250,000 of equity, or $350,000 if the homestead is occupied by an owner, owner's spouse, or owner's dependent who is elderly (60 or older) or disabled (C.R.S. § 38-41-201(1)-(2), as amended by SB 22-086 in 2022)

Statute: C.R.S. § 38-41-201

Size limits & qualifications

Inside city limits: No acreage limit

Outside city limits: No acreage limit

Property types: Dwelling occupied as a home, House and lot or lots, Manufactured home, mobile home, trailer, or trailer coach (C.R.S. §§ 38-41-201.6 and 38-41-205), Farm of any number of acres

Restrictions on leaving homestead in will

With spouse, no minor children:

No state-level homestead devise restriction; review the elective share (C.R.S. §§ 15-11-201 to 15-11-214), exempt property and family allowance, title, and creditor issues separately.

With minor children:

No devise restriction; minor or dependent child rights arise through the family allowance and exempt property allowance, and surviving minor children succeed to the homestead creditor exemption under C.R.S. § 38-41-204.

Exempt Property

Colorado provides two estate allowances for surviving spouses and dependent children - the exempt property allowance and the family allowance - plus separate creditor exemptions for debtor property under C.R.S. § 13-54-102 and the homestead exemption under C.R.S. § 38-41-201. Colorado did NOT adopt the Uniform Probate Code's separate 'homestead allowance'; C.R.S. § 15-11-402 expressly states that the homestead exemption statutes do not create an allowance.

View exempt items
Estate Exempt Property Allowance (surviving spouse or dependent children)
The surviving spouse is entitled to cash or other estate property worth the adjusted amount over any security interests (C.R.S. § 15-11-403(1)(b)). If there is no surviving spouse, the decedent's dependent children are entitled jointly to the same exempt property. It has priority over all claims except administration costs and reasonable final disposition and funeral expenses (paid per C.R.S. § 15-12-805), and it abates as necessary to permit payment of the family allowance.
$30,000 base; $44,000 for deaths in 2026 as adjusted ($43,000 for deaths in 2025), in excess of any security interests
Homestead Exemption (creditor)
Equity in an occupied homestead is exempt from execution and attachment under C.R.S. § 38-41-201 (amounts raised by SB 22-086, effective April 7, 2022). When a person dies seized of a homestead leaving a surviving spouse or minor children, they are entitled to the homestead exemption (C.R.S. § 38-41-204). See homestead-law.json.
$250,000, or $350,000 if the owner, spouse, or dependent is elderly (60+) or disabled
Household Goods (creditor)
Household goods owned and used by the debtor or the debtor's dependents are exempt to the extent of $6,000 in value (C.R.S. § 13-54-102(1)(e)).
$6,000
Motor Vehicles (creditor)
Up to two motor vehicles or bicycles kept and used by the debtor are exempt in the aggregate value of $15,000, increased to $25,000 for a debtor (or dependent) who is elderly or disabled (C.R.S. § 13-54-102(1)(j)).
Up to two motor vehicles or bicycles, $15,000 aggregate ($25,000 if elderly or disabled)
Other Personal Property (creditor)
C.R.S. § 13-54-102 exempts additional categories (wearing apparel, jewelry, books and family pictures, tools of trade, professional library, retirement plans, life insurance proceeds, and others) subject to statutory dollar caps. Verify the current cap for each item against the live statute before publishing a specific figure.
Statutory item caps; verify current amounts

Family Allowance

Reasonable allowance; the personal representative may determine it without court order up to a lump sum of $30,000 base ($44,000 for deaths in 2026 as adjusted) or periodic installments of $2,500/month base ($3,667/month for deaths in 2026) for one year - A reasonable allowance in money out of the estate for the maintenance of the surviving spouse and of minor children the decedent was obligated to support and children in fact being supported, during administration (C.R.S. § 15-11-404(1)).

Colorado Probate Questions

How much does probate cost in Colorado?
Colorado probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Colorado fee calculator for county-specific estimates.
How long does probate take in Colorado?
The timeline varies by type: Formal Probate typically takes 6-12+ months, while Simplified Probate and Small Estate Procedures are usually much faster, depending on the county and the estate.
Do I need an attorney for probate in Colorado?
Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.
Are these Colorado probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Colorado county page and the county office handling the estate before filing.
Which Colorado source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Colorado Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.