How much does probate cost in Colorado?

Colorado has no statutory fee schedule. Attorney fees are typically 2-4% of estate value. Filing fees are around $229. Total costs often amount to about 5% of estate value.

Does Colorado recognize common-law marriage?

Yes. Colorado recognizes common-law marriages, and common-law spouses have the same probate rights as formally married spouses, including elective share rights.

What is informal vs formal probate in Colorado?

Informal probate has minimal court involvement and is used for uncontested estates. Formal probate requires court hearings and is used for contested matters or when specific court orders are needed.

Colorado Probate Information

Colorado Probate Guide

Q: Do all estates in Colorado require probate?

No. Estates with personal property valued at $80,000 or less (and no real estate) may use Small Estate Affidavit procedures. Joint property and beneficiary designations pass outside probate.

Everything you need to know about the probate process in Colorado, including costs, timelines, and requirements.

Free for families nationwide

Updated for 2026

All 50 states

Step 1: Enter What You Know

Estimated Total Estate Value

Real estate, bank accounts, investments, personal property

Property Address

Enter the address of the property in the estate

Jurisdiction / Region

Select the state where the property is located

Does the estate include real estate?

Yes

I'm not sure

Will a probate attorney be used?

Yes

I'm not sure

Is the probate expected to be contested or complex?

Yes

I'm not sure

By submitting, you agree that we may store the information you provide and use it to respond to your inquiry and share relevant resources. See our Privacy Policy.

How Probate Works in Colorado

Colorado follows a Uniform Probate Code approach with informal and formal probate options. While not a community property state, Colorado uses equitable distribution. The state has efficient probate procedures.

Important Note for Colorado

Colorado is an equitable distribution state (not community property). Common-law marriages are recognized with full spousal rights in probate.

Colorado Probate Timeline

Colorado informal probate typically takes 6-9 months. Formal probate with court supervision takes 9-12 months or longer. Small estate affidavits can be used after 10 days.

Typical Probate Process

File Petition

Start

Notify Creditors

1-3 Mos

Inventory Assets

2-6 Mos

Pay Debts

6-9 Mos

Distribute

Closing

Small Estate Threshold

Estates valued at $80,000 or less in personal property (no real estate) may use Small Estate Affidavit procedures. Estates over $82,000 or with real estate require formal probate.

Uniform Probate Code

Adopted

Simplified procedures available

Get a Personalized Timeline Estimate

Common Questions

View all probate FAQs

Free Probate Tools

Use these tools to help navigate the Colorado probate process

Probate Cost Calculator

Estimate likely probate expenses for Colorado including court fees, attorney fees, and more.

Timeline Estimator

See how long probate may take in Colorado based on your situation.

Do I Need Probate?

A simple questionnaire to help determine if probate is required.

Probate Checklist

Step-by-step guide to what needs to be done during probate.

Selling a House in Colorado Probate?

In most cases the estate doesn't have to wait for probate to finish before selling real estate — but the rules on executor authority, notices, and court confirmation are state-specific. Learn how probate sales work, what the house costs the estate every month it sits, and whether listing it or selling as-is for cash fits your situation. If you'd like, our team can walk you through it for free.

Your Options for Selling Ask Us a Question

Looking for Another State?

We have comprehensive probate guides and fee calculators for all 50 states and D.C.

View All State Guides

The information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.