First Steps After a Death in Colorado

A medical professional must pronounce the death. If death was expected under hospice, the hospice nurse can usually pronounce; if unexpected, call 911. Then choose a licensed Colorado funeral home or cremation provider to transport and care for your loved one.

Lock the residence, keep utilities and insurance active, and avoid distributing property until authority and ownership are clear. Even assets that pass outside probate still need to be protected until the right recipient is confirmed.

Colorado law requires the custodian of a will to deliver it, within ten days after the death or as soon as the death becomes known to the custodian, to the court having probate jurisdiction in the county where the decedent lived (C.R.S. 15-11-516). Lodging the will is not the same as opening probate; it simply places the will in the court's records. Also look for codicils, trusts, deeds, vehicle titles, account statements, and life insurance policies.

Certified copies are issued by the Colorado Department of Public Health and Environment (CDPHE) Vital Records office and by county vital records offices. As of January 1, 2026, a certified death certificate costs $25 for the first copy and $20 for each additional copy on the same order. The funeral home usually orders them for you. Order more than you think you need - banks, insurers, the DMV, and the court all ask for one.

Probate is handled by the District Court of the county where the decedent lived, within one of Colorado's 23 judicial districts. The one exception is the City and County of Denver, which has a standalone Denver Probate Court with exclusive jurisdiction over probate matters. Venue for the first proceeding is the county of the decedent's domicile or residence at death (C.R.S. 15-12-201).

Separate probate assets (solely owned) from nonprobate assets such as joint survivorship accounts, beneficiary-designated accounts, life insurance, beneficiary deeds, and trust property. This list becomes the basis for the inventory and for deciding whether probate is needed.

If the fair market value of all property subject to probate, less liens and encumbrances, is within the small estate limit ($88,000 for deaths in 2026, adjusted each year for inflation under C.R.S. 15-10-112), at least ten days have passed since the death, and no personal representative has been appointed or applied for, a successor can collect personal property with a small estate affidavit (C.R.S. 15-12-1201, court form JDF 999). The affidavit covers personal property only, not real estate. For vehicles, the Colorado DMV requires its own affidavit, form DR 2712, instead of JDF 999.

Most Colorado estates use informal probate: an application to the court's registrar (C.R.S. 15-12-301) that does not require a hearing. Formal probate (C.R.S. 15-12-401) is a court proceeding used when the will's validity, heirship, or the appointment is disputed or unclear. Either path ends with the court issuing letters (letters testamentary or letters of administration) that prove the personal representative's authority.

Apply for a free estate EIN from the IRS, then open a bank account in the estate's name (for example, 'Estate of Jane Doe'). Keep estate money completely separate from personal money and keep receipts for every payment and distribution.

Not later than 30 days after appointment, the personal representative must give information of the appointment to the heirs and devisees, delivered or sent by ordinary mail (C.R.S. 15-12-705). The notice must include the personal representative's name, address, and date of appointment, the date of death, and whether the estate is testate or intestate.

Within three months after appointment, the personal representative must prepare an inventory of probate property with date-of-death fair market values and any encumbrances (C.R.S. 15-12-706). The inventory is sent to interested persons who request it, or the original can be filed with the court.

Unless a year or more has already passed since the death, the personal representative publishes a notice to creditors in a county newspaper at least once a week for three successive calendar weeks (C.R.S. 15-12-801). The published bar date must be no earlier than four months after first publication or one year after death, whichever occurs first. Regardless of notice, all claims that arose before death are barred one year after the date of death (C.R.S. 15-12-803).

Report the death to the Social Security Administration (1-800-772-1213), notify each bank and brokerage, and file life insurance claims. Review the decedent's final federal Form 1040 and Colorado individual income tax return, fiduciary returns if the estate earns income, and federal Form 706 only if the estate exceeds the federal exemption. Colorado has no state estate or inheritance tax for current deaths.

In unsupervised administration, the personal representative can close the estate by filing a verified closing statement no earlier than six months after the original appointment or one year after the date of death, whichever occurs first (C.R.S. 15-12-1003). If no proceedings are pending one year after the closing statement is filed, the appointment terminates automatically.