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Colorado estate administration

Colorado probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $88,000

That figure applies to deaths in 2026. Colorado sets this ceiling by the decedent’s date of death, so an earlier death is measured against a different amount.

This guide explains probate in Colorado: Colorado allows an out-of-court affidavit to collect a decedent's personal property when the estate is within an inflation-indexed cap. Formal probate opens in the District Court, except that Denver County has a dedicated Denver Probate Court.

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

Answer first

Colorado simplified probate route

A successor may collect a decedent's personal property by presenting an affidavit (no court filing) once at least ten days have elapsed since death, no personal representative is appointed or pending, and the fair market value of property subject to disposition by will or intestacy, less liens and encumbrances, does not exceed twice the C.R.S. 15-11-403 amount as CPI-adjusted under C.R.S. 15-10-112. The Colorado Judicial Branch (JDF 998) publishes the operative cap by year of death: $88,000 for 2026 deaths. This is an inflation-indexed, year-specific amount, not a permanent threshold, and the affidavit does not transfer real estate.

Collection of personal property by affidavit (C.R.S. 15-12-1201)
1. Where and when
Private by design: entries stay in this browser.
2. What they left

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Asset 1

Asset 2

Your working estimate

Colorado estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Colorado also sets its ceiling by the date of death (C.R.S. s 15-10-112 cost-of-living adjustment, published by year of death on Colorado Judicial form JDF 998), so no limit can be applied until that date is known.

Gross probate propertyNot yet counted
Court chargeMore information needed1st Filing for a Decedent's Estate (not small estates)2 asset entries have no value entered. A blank amount is not treated as zero, so the charge cannot be computed.Court charges only, for the proceeding named beside each figure. That proceeding is not always the route screened above.
Scheduled executor compensationMore information needed2 asset entries have no value entered.Colorado has no statutory percentage schedule. C.R.S. 15-10-602(1) entitles a fiduciary and his or her lawyer to reasonable compensation for services rendered on behalf of an estate, and 15-10-602(4) preserves the court's inherent authority and responsibility to determine the reasonableness of compensation and costs. The former schedule sections 15-12-719 and 15-12-721 are both repealed. A court must order refund of excessive compensation.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

What the reviewed rules establish

Simplified route

$88,000

A successor may collect a decedent's personal property by presenting an affidavit (no court filing) once at least ten days have elapsed since death, no personal representative is appointed or pending, and the fair market value of property subject to disposition by will or intestacy, less liens and encumbrances, does not exceed twice the C.R.S. 15-11-403 amount as CPI-adjusted under C.R.S. 15-10-112. The Colorado Judicial Branch (JDF 998) publishes the operative cap by year of death: $88,000 for 2026 deaths. This is an inflation-indexed, year-specific amount, not a permanent threshold, and the affidavit does not transfer real estate.

Eligibility and caveats

Court cost

$229

The Colorado Judicial Branch statewide Probate Case Fees schedule lists $229 for the 1st Filing for a Decedent's Estate (not small estates), citing C.R.S. 13-32-102(1)(b),(7), and separately lists $113 for a Small Estate filing (13-32-102(1)(a),(7)). The collection-by-affidavit procedure (JDF 999/998) is handled out of court and ordinarily is not filed.

Filing-cost detail

Executor compensation

Court-reviewed

Colorado has no statutory percentage schedule. C.R.S. 15-10-602(1) entitles a fiduciary and his or her lawyer to reasonable compensation for services rendered on behalf of an estate, and 15-10-602(4) preserves the court's inherent authority and responsibility to determine the reasonableness of compensation and costs. The former schedule sections 15-12-719 and 15-12-721 are both repealed. A court must order refund of excessive compensation.

Compensation detail

Creditor deadline

Multiple triggers

Colorado runs multiple independent, separately-triggered deadlines that cannot be reduced to one honest day count. C.R.S. 15-12-801 requires published notice (at least once during each of three successive weeks) fixing a bar date not earlier than four months from first publication or one year from death, whichever occurs first. C.R.S. 15-12-803(1)(a) bars pre-death claims: (I) creditors barred by publication within the time set in the published notice; (II) creditors barred by written notice within the time set in the written notice; (III) as to all creditors within one year after the decedent's death (outer nonclaim limit). Post-death claims are barred four months after they arise / after PR performance is due (15-12-803(2)).

C.R.S. 15-12-801 (Colorado General Assembly (Office of Legislative Legal Services); reviewed August 9, 2026)

Timeline and creditor details

Colorado decision map

The four facts that change the Colorado route

Use this map before opening a form or entering a number. It keeps the Colorado amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

QuestionRecorded Colorado answerCarry into the case
What route is being screened?Collection of personal property by affidavit (C.R.S. 15-12-1201)Confirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; net of enforceable liens and encumbrances.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$88,000 for deaths from January 1, 2026 through December 31, 2026Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?10 days after death; Colorado runs multiple independent, separately-triggered deadlines that cannot be reduced to one honest day count. C.R.S. 15-12-801 requires published notice (at least once during each of three successive weeks) fixing a bar date not earlier than four months from first publication or one year from death, whichever occurs first. C.R.S. 15-12-803(1)(a) bars pre-death claims: (I) creditors barred by publication within the time set in the published notice; (II) creditors barred by written notice within the time set in the written notice; (III) as to all creditors within one year after the decedent's death (outer nonclaim limit). Post-death claims are barred four months after they arise / after PR performance is due (15-12-803(2)).Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?$229 is the recorded statewide amount.Ask the District Court (Denver Probate Court in the City and County of Denver) about local surcharges, copies, publication, bond, and later filings.
What does compensation use?Colorado has no statutory percentage schedule. C.R.S. 15-10-602(1) entitles a fiduciary and his or her lawyer to reasonable compensation for services rendered on behalf of an estate, and 15-10-602(4) preserves the court's inherent authority and responsibility to determine the reasonableness of compensation and costs. The former schedule sections 15-12-719 and 15-12-721 are both repealed. A court must order refund of excessive compensation. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Arithmetic illustration

See the Colorado amount screen without mistaking it for a result

The recorded Colorado ceiling is $88,000 for deaths from January 1, 2026 through December 31, 2026, and it is tested against personal probate property only, on a basis this site records as net of enforceable liens and encumbrances. Counted that way, $66,000 sits below the Colorado figure and $110,000 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Colorado counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the Colorado ceilingWhat it does not decide
$66,000Below $88,000 for deaths from January 1, 2026 through December 31, 2026Title, liens, waiting period, appointment, or creditor duties
$110,000Above $88,000 for deaths from January 1, 2026 through December 31, 2026Whether another statutory route or court process applies

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

JDF 999 is the statewide collection-by-affidavit form; JDF 998 is the instruction guide that publishes the year-of-death cap.

Probate opens in District Court in every county except the City and County of Denver, which uses the separate Denver Probate Court.

Source trail

Records used by this Colorado map

Limits and unresolved costs

  • Colorado's small-estate cap is set by the decedent's YEAR OF DEATH, not a single timeless figure. The Colorado Judicial Branch table JDF 998 publishes the operative amount per year: $88,000 for 2026 deaths, $86,000 for 2025 deaths, and $82,000 for 2024 deaths (earlier years are lower - 2023 $80,000; 2022 $74,000; 2020-2021 $70,000). A death in an earlier year must use that year's figure: a 2025 estate of $87,000, for example, does NOT qualify even though it is under the 2026 cap. Always check JDF 998 for the year of death.
  • Filing-fee figures come from the judiciary fee list (agency-published), which shows no revision date; the underlying statute is C.R.S. 13-32-102 in Title 13 (outside the harvested Title 15 PDF).
  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.

Continue

What Colorado courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

Limits on court material

  • JDF 999 is the statewide collection-by-affidavit form; JDF 998 is the instruction guide that publishes the year-of-death cap.
  • Probate opens in District Court in every county except the City and County of Denver, which uses the separate Denver Probate Court.

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.