Colorado Probate Explained

How Colorado Probate Works: A Guide for Personal Representatives

A plain-language overview of Colorado's probate process for personal representatives navigating it for the first time.

For informational purposes only. The content on this page does not constitute legal, tax, or financial advice. Every estate situation is unique. For guidance specific to your circumstances, please consult a qualified estate attorney and/or CPA.
The Basics

What Is Probate?

Probate is the legal process by which a deceased person’s estate is administered, debts are paid, and assets are transferred to the rightful heirs or beneficiaries. In Colorado, probate is governed by the Colorado Probate Code (Title 15, CRS).

The word “probate” often suggests lengthy court proceedings, but for most Colorado estates the reality is considerably more straightforward. The majority of Colorado probates are handled through a simplified, unsupervised process that requires minimal court involvement.

Good news for most Colorado families: Over 90% of Colorado probates use the informal (unsupervised) track. This means most personal representatives can administer the estate largely independently, without appearing before a judge for routine matters.

Two Tracks

Informal and Formal Probate in Colorado

Informal Probate (Unsupervised)

The most common track by far. In informal probate, the personal representative files the required paperwork with the district court and administers the estate according to the will and the Colorado Probate Code, without ongoing court supervision or hearings. There is no requirement to appear before a judge for routine estate matters.

Formal Probate (Supervised)

Required when there are disputes among heirs, questions about the validity of the will, complex estate issues, or when a court orders supervision. Formal probate involves more direct court oversight and is significantly less common in straightforward estate situations.

If you are not sure which track applies to your estate, your estate attorney can advise you. Most uncomplicated estates with a valid will and cooperative heirs will use the informal track.

Your Role

The Personal Representative’s Responsibilities

The personal representative (also called an executor when named in a will) is the person responsible for managing the estate from opening to close. Key responsibilities typically include:

When the estate includes real property, establishing the fair market value of that property is one of the personal representative’s early responsibilities, and it requires a professionally prepared, USPAP-compliant appraisal.

Colorado law sets a specific deadline for this. Under C.R.S. § 15-12-706, a personal representative must prepare an inventory of the estate, including the fair market value of each asset as of the date of death within three months of appointment. Ordering the real estate appraisal early gives you enough time to receive the report before this deadline.

The Timeline

Where the Real Estate Appraisal Fits

The appraisal is typically ordered early in the probate process, after the personal representative is formally appointed and the estate is opened. Here is how it fits into the broader sequence:

1

Death and appointment

Personal representative named by will or court appointment

2

Probate opened

Filing with district court; Letters Testamentary issued

3

Property inventoried and appraised

Date of death appraisal ordered and completed

4

Creditors notified and paid

Valid debts settled from estate funds

5

Distribution and close

Assets transferred to heirs; probate closed

Ordering the appraisal early avoids delays later in the process. It also establishes the stepped-up basis for the heirs as of the correct date, which matters if the property is eventually sold.

Colorado-Specific Notes

What Makes Colorado Probate Distinctive

No Colorado State Estate Tax

Colorado does not impose a state-level estate tax. The federal estate tax (which applies only to estates exceeding the current exemption threshold) is the only estate tax concern for Colorado decedents. Most Colorado estates do not owe any estate tax, but the appraisal may still be needed for probate inventory requirements and stepped-up basis documentation.

Informal Probate Flexibility

Because Colorado’s informal probate track does not require court approval for most administrative steps, the personal representative has more flexibility in timing than in many other states. There is no court-mandated deadline for ordering the real estate appraisal, though ordering it early in the process is always advisable.

Nine-Month Estate Tax Deadline

If the estate is large enough to require a federal estate tax return (Form 706), the filing deadline is generally nine months after the date of death, with a six-month extension available. If an estate tax return is required, the appraisal should be ordered well before this deadline to allow time for review and filing.

Ready to Order Your Date of Death Appraisal?

Great Estates, Inc. serves personal representatives throughout the Denver metropolitan area. Order online in about two minutes, or contact Russell with questions about your specific situation.

Colorado Certified Residential Appraiser
Certified Probate Expert (CPE)
Colorado Licensed Real Estate Broker
25 Years of Experience
Member, Colorado Association of Real Estate Appraisers