Colorado Probate Types: Small Estate Affidavit, Informal, Formal, and Supervised
Find the right probate procedure for your situation
Compare eligibility, timing, court involvement, and local verification points
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | 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 | Summary |
| Court involvement | Affidavit needs no court filing; informal probate is registrar-handled | Formal probate is decided by a judge or magistrate | Summary |
| Filing fee | $0 for the small-estate affidavit path | $199 to open the estate ($229 with the equal justice fee) | Summary |
| Real property | The affidavit cannot transfer Colorado real estate | Probate can address real property through the personal representative | Formal |
| Disputes | Simplified and informal paths are poor fits for contested estates | Formal and supervised probate are built for matters needing a judge | Formal |
Main Colorado Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
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 |
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) |
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) |
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) |
* 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.
Side-by-Side Comparison
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
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
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
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
Not Sure Which Type Applies to You?
Use the Colorado assessment to compare probate paths and next-step planning points.
Take the Colorado AssessmentFrequently Asked Questions
What are the main Colorado probate types?
Colorado families usually compare the small-estate collection of personal property by affidavit, informal probate, and formal probate. Either informal or formal probate can also be unsupervised (the default) or supervised, where a judge keeps closer oversight of the personal representative.
Which Colorado path avoids opening an estate?
The C.R.S. 15-12-1201 collection of personal property by affidavit (JDF 999) can collect certain personal property at least 10 days after death when the estate fits the year-of-death cap ($88,000 for 2026 deaths) and no personal representative appointment is pending or granted. It is an out-of-court affidavit, not a court filing, and it cannot transfer real estate.
What is the difference between informal and formal probate in Colorado?
Informal probate is handled by a court registrar and fits uncontested estates with a clear will or heirs. Formal probate is decided by a judge or magistrate and is used when there are disputes, will-validity questions, unclear heirs, or other issues that need a court ruling. Colorado follows the Uniform Probate Code.
What does supervised administration mean in Colorado?
Supervised administration is a more closely watched version of probate under C.R.S. 15-12-501. The personal representative must get court approval before certain actions, such as distributing assets. Most Colorado estates are unsupervised, but the court can order supervision to protect heirs or creditors.
Are Colorado probate filing fees the same in every county?
Yes. Colorado district court probate fees are set statewide by C.R.S. 13-32-102, so opening a decedent estate is $199 ($229 with the $30 equal justice fee) regardless of county. Fees do not scale with estate value. Counties may still differ on copies, certification, payment methods, and e-filing details.
Important: Colorado decedent-estate matters are filed in the district court (or Denver Probate Court) for the county where the decedent lived. Filing fees are statewide under C.R.S. 13-32-102, but confirm copy, certification, payment, and e-filing details with the county district court before filing.
Sources & Verification
Legal Authority: Colorado Probate Code, C.R.S. Title 15, Article 12, including C.R.S. 15-12-1201, 15-12-301 (informal), and 15-12-401 (formal)
Last Verified: June 2026
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.
C.R.S. 15-12-1201, Collection of personal property by affidavit
Colorado General Assembly. Current statute text, accessed June 16, 2026.
C.R.S. 13-32-102, Fees in probate proceedings - equal justice fee collection
Colorado General Assembly. Current statute text, accessed June 16, 2026.
JDF 1, Court Filing Fees and Costs in Colorado State Courts
Colorado Judicial Branch. Accessed June 16, 2026.
JDF 999, Collection of Personal Property by Affidavit
Colorado Judicial Branch. Form revised April 28, 2026; accessed June 16, 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.