Probate is the court-supervised legal process of administering a deceased person’s estate: resolving claims against the estate, paying valid debts, and distributing the remaining property to the people entitled to receive it — whether under a valid will or, if there is no will, under Colorado’s laws of intestate succession. Probate cases are handled by the district court in the county where the deceased person lived at the time of death.
Not every estate requires full probate
Colorado offers more than one path, depending on the size and complexity of the estate:
- Small Estate Affidavit — available when the estate’s personal property (not counting real estate, and not counting assets that pass automatically by beneficiary designation or joint ownership) is below a statutory threshold that is adjusted annually. For deaths in 2026, that threshold is $88,000. This process allows an heir to collect the deceased person’s property directly from banks or other asset holders, without opening a court case, once at least 10 days have passed since the death.
- Informal probate — the most common path for estates where there is no dispute over the will or who should serve as personal representative. This is handled with minimal court involvement.
- Formal probate — required when there is a dispute — for example, a contested will, disagreement over who should serve as personal representative, or other complications requiring a judge’s decision.
What’s involved
Once appointed, the personal representative (sometimes called an executor) is responsible for identifying and valuing the estate’s assets, notifying creditors, paying valid debts and taxes, and distributing what remains to the beneficiaries or heirs — all while acting as a fiduciary for the estate. Informal, uncontested probate in Colorado typically takes roughly 6 to 12 months; formal or contested matters often take longer.
How we can help
Harper Law Firm regularly represents personal representatives, heirs, and beneficiaries in Colorado probate matters — determining which process fits the estate, preparing and filing the necessary paperwork, and, when disputes arise, representing our clients’ interests in formal probate proceedings.