How Probate Works After a Death in Colorado

Colorado’s adoption of the Uniform Probate Code makes it one of the more executor-friendly states in the country, with a small estate threshold that genuinely changes every year.

Where is probate filed in Colorado?

Probate is filed in the District Court of the county where the deceased was domiciled.

What is informal probate in Colorado?

In informal probate, the personal representative is appointed quickly by the Registrar and then manages the estate largely independently - inventorying assets, notifying creditors, paying debts, and distributing assets - with no final court accounting required in most cases, making Colorado one of the least court-intensive probate systems in the country.

What is the current small estate affidavit threshold?

Colorado’s small estate affidavit threshold is adjusted annually for inflation, tied to the specific year of death rather than the year you’re actually handling the estate. For a death in 2026, the threshold is $88,000; it was $86,000 for 2025 deaths and $82,000 for 2024 deaths. See our companion piece explaining this process in more depth, including exactly why the year matters.

Is there a separate affidavit for real estate?

No - unlike some other states, Colorado offers no separate affidavit for real estate. The small estate affidavit applies to personal property only - any estate holding land or a home must go through probate for that specific property, regardless of the personal property total. Colorado does permit beneficiary deeds, though, letting real estate transfer directly to a named beneficiary at death, entirely outside of probate, regardless of the property’s value - a distinct planning tool worth discussing with an estate attorney well before it’s needed.

Does Colorado have a state estate or inheritance tax?

No - Colorado’s estate tax was effectively eliminated when the federal state death tax credit was phased out, and the state has no inheritance tax either.

What should I do next?

Confirm the exact threshold for the specific year of death, since it changes annually. If real estate is involved, know upfront that the small estate affidavit won’t cover it - either full probate or a beneficiary deed set up in advance is the path for that asset.

Add this to your Final Day Plan: whether you’d want to set up a beneficiary deed for your Colorado real estate - it’s a genuinely simple way to keep that property out of probate entirely, since the small estate affidavit can’t reach it.

Colorado law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Colorado-licensed attorney for guidance specific to your situation.