Colorado Probate Types: Small Estate Affidavit, Informal, Formal, and Supervised
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Simplified Path vs Formal Path at a Glance
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| Category | Simplified Path | Formal Path | Winner |
|---|---|---|---|
| Small-estate personal property | Affidavit (JDF 999) after 10 days when no real property is included and the estate fits the cap | Formal probate can handle broader assets, real estate, and disputes | Simplified Path |
| Court involvement | Affidavit needs no court filing; informal probate is registrar-handled | Formal probate is decided by a judge or magistrate | Simplified Path |
| Filing fee | $0 for the small-estate affidavit path | $199 to open the estate ($229 with the equal justice fee) | Simplified Path |
| Real property | The affidavit cannot transfer Colorado real estate | Probate can address real property through the personal representative | Formal Path |
| Disputes | Simplified and informal paths are poor fits for contested estates | Formal and supervised probate are built for matters needing a judge | Formal Path |
Main Colorado Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Collection of Personal Property by Affidavit C.R.S. 15-12-1201 / JDF 999 | $88,000 for 2026 deaths (net of liens and encumbrances; indexed annually); no Colorado real property | $0 listed court filing fee | At least 10 days after death | No | No | Small personal-property estates when no personal representative has been appointed or is pending |
Informal Probate C.R.S. 15-12-301 et seq. / JDF 910, 915 | No simple dollar cap | $199 to open the estate ($229 with the $30 equal justice fee) | Roughly 6 months to 1 year, including the creditor period | Yes | No (often useful) | Uncontested estates with a valid will or clear heirs where a registrar can handle appointment |
Formal Probate C.R.S. 15-12-401 et seq. / JDF 920 | No simple dollar cap | $199 to open the estate ($229 with the $30 equal justice fee) | Often a year or more, depending on the dispute | Yes | No (often useful) | Will contests, unclear or disputed heirs, validity questions, or matters needing a judge |
Supervised Administration C.R.S. 15-12-501 et seq. | Any estate where the court orders closer oversight | $198 additional supervised-administration fee plus the estate-opening fee (confirm the current amount with the district court) | Longer than unsupervised; court approval needed for key actions | Yes | No (often useful) | Estates needing protection for heirs or creditors, or where the will or court requires supervision |
Collection of Personal Property by Affidavit
C.R.S. 15-12-1201 / JDF 999
Small personal-property estates when no personal representative has been appointed or is pending
Threshold: $88,000 for 2026 deaths (net of liens and encumbrances; indexed annually); no Colorado real property
Filing Fee: $0 listed court filing fee
Timeline: At least 10 days after death
Real Estate: No
Attorney: No
Informal Probate
C.R.S. 15-12-301 et seq. / JDF 910, 915
Uncontested estates with a valid will or clear heirs where a registrar can handle appointment
Threshold: No simple dollar cap
Filing Fee: $199 to open the estate ($229 with the $30 equal justice fee)
Timeline: Roughly 6 months to 1 year, including the creditor period
Real Estate: Yes
Attorney: No (often useful)
Formal Probate
C.R.S. 15-12-401 et seq. / JDF 920
Will contests, unclear or disputed heirs, validity questions, or matters needing a judge
Threshold: No simple dollar cap
Filing Fee: $199 to open the estate ($229 with the $30 equal justice fee)
Timeline: Often a year or more, depending on the dispute
Real Estate: Yes
Attorney: No (often useful)
Supervised Administration
C.R.S. 15-12-501 et seq.
Estates needing protection for heirs or creditors, or where the will or court requires supervision
Threshold: Any estate where the court orders closer oversight
Filing Fee: $198 additional supervised-administration fee plus the estate-opening fee (confirm the current amount with the district court)
Timeline: Longer than unsupervised; court approval needed for key actions
Real Estate: Yes
Attorney: No (often useful)
* Colorado district court probate fees are set by C.R.S. 13-32-102 and are the same statewide; they do not scale with estate value. A $30 equal justice fee applies to first-filing and small-estate filings (C.R.S. 13-32-102(7), collected since January 1, 2025). Counties may still have local copy, certification, and payment details.
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