How Long Does Probate Take in Colorado? Complete Timeline Guide

Last updated: February 27, 2026 · 15 min read

Quick Answer

Probate in Colorado typically takes 6-12 months for straightforward estates using informal probate. The minimum timeline is about 5-6 months due to Colorado's mandatory 4-month creditor claim period. Small estates under $140,000 may qualify for the simplified affidavit process, which takes just 2-4 weeks.

If you're settling an estate in Colorado, understanding how long probate takes is essential for planning. This guide explains the typical timeline for Colorado probate, factors that affect duration, and strategies to move through the process as efficiently as possible.

Key Takeaways

Informal probate: 6-9 months typical
Formal probate: 12-36 months for contested or complex estates
Small estate affidavit: 2-4 weeks (estates under $140,000 total)
Mandatory minimum: ~5 months due to 4-month creditor period
Property sales can occur during probate to reduce carrying costs

Colorado Probate Timeline Overview

Colorado follows the Uniform Probate Code (UPC), which provides a streamlined probate process compared to many other states. However, even with this efficient system, probate takes time due to legal requirements designed to protect creditors and ensure proper distribution of assets.

Timeline Summary by Probate Type

Probate Type	Typical Duration	When Used
Small Estate Affidavit	2-4 weeks	Estates under $140,000 total
Informal Probate	6-9 months	Uncontested, clear documentation
Formal Probate	12-36+ months	Contested, complex, disputes
Supervised Administration	12-24+ months	Court oversight required

The 4-Month Creditor Period

The single most important factor affecting Colorado probate timeline is the mandatory 4-month creditor claim period. Under C.R.S. § 15-12-801, creditors have four months from the date of first publication of notice to file claims against the estate.

This period cannot be shortened or waived. It means that even the most straightforward estate cannot be fully closed in less than about 5 months (4 months creditor period plus time for filing, publication, and final distribution).

Types of Probate in Colorado

Understanding which type of probate applies to your situation helps set realistic timeline expectations. Colorado offers several pathways, each with different requirements and durations.

Informal Probate (Most Common)

Informal probate is the standard path for most Colorado estates. Under C.R.S. § 15-12-301 through 15-12-311, informal probate is handled by the court registrar without requiring court hearings or judge involvement.

Timeline: 6-9 months typical
Requirements: Uncontested estate, valid will (or no will with clear heirs), complete documentation
Process: File application, receive Letters, administer estate, file closing statement
Cost: Filing fee of $199-$224, plus attorney fees if used

Formal Probate

Formal probate involves court hearings and judicial decisions. It's required when there are disputes, ambiguities, or the need for court supervision.

Timeline: 12-36 months, sometimes longer
When required: Will contests, disputed heirship, ambiguous provisions, requests for supervised administration
Process: Petition, hearings, judge orders, supervised distribution
Cost: Higher court fees plus substantial attorney fees

Supervised Administration

Under C.R.S. § 15-12-401, any interested person can request supervised administration, which requires court approval for most actions.

Timeline: 12-24+ months
When used: Concerns about personal representative conduct, complex estates, protection of minor beneficiaries
Impact: Every major decision requires court approval, significantly extending timeline

Small Estate Affidavit Process

Colorado's small estate affidavit procedure under C.R.S. § 15-12-1201 allows qualifying estates to bypass formal probate entirely. This is the fastest path to transfer assets.

Eligibility Requirements

Personal property: Less than $70,000
Real property: Less than $70,000 in equity
Timing: At least 10 days have passed since death
No probate filed: No other probate proceeding has been initiated

Timeline Breakdown

Step	Duration
Wait after death	10 days minimum
Prepare affidavit	1-3 days
Present to institutions	1-2 weeks
Record for real property	3-7 days
Total	2-4 weeks

Important: The $70,000 limits apply to fair market value for personal property and equity (value minus mortgages) for real property. In most of Colorado, even modest homes exceed the real property threshold, making full probate necessary.

Step-by-Step Probate Timeline

Here's a detailed breakdown of the informal probate process, which is the most common path for Colorado estates:

Phase 1: Initiation (Weeks 1-4)

Task	Timeline
Gather documents (death certificate, will, asset info)	1-2 weeks
File application with district court	1-3 days
Court issues Letters Testamentary/Administration	1-3 weeks
Publish notice to creditors	1 week to arrange

Phase 2: Creditor Period (Months 2-5)

Task	Timeline
4-month creditor claim period runs	4 months (mandatory)
Inventory and appraise assets	Ongoing
Pay valid debts and expenses	Ongoing
Sell property if needed	During this period

Phase 3: Settlement (Months 6-9)

Task	Timeline
Resolve any creditor claims	1-4 weeks
File estate income tax returns	2-4 weeks
Distribute assets to heirs	2-4 weeks
File closing statement	1-2 weeks
Probate officially closed	Upon filing

Probate Timeline by County

Processing times can vary significantly between Colorado counties due to differences in caseload, staffing, and local procedures. Here's what to expect in major counties:

Denver County

Court: Denver Probate Court (separate from district court)
Processing: 2-4 weeks for Letters in informal probate
Notes: High volume but dedicated probate court speeds processing

Douglas County

Court: Douglas County District Court (Castle Rock)
Processing: 1-3 weeks for Letters
Notes: Moderate caseload, generally efficient processing

El Paso County

Court: El Paso County District Court (Colorado Springs)
Processing: 2-4 weeks for Letters
Notes: Second-largest county, can have backlogs

Jefferson County

Court: Jefferson County District Court (Golden)
Processing: 2-3 weeks for Letters
Notes: Large suburban county with moderate wait times

Arapahoe County

Court: Arapahoe County District Court (Centennial)
Processing: 1-3 weeks for Letters
Notes: Generally efficient, modern court facilities

Tip: Contact the specific county district court clerk for current processing times before filing. Staffing changes and seasonal variations can affect wait times.

How to Speed Up Probate

While you cannot shorten the 4-month creditor period, you can take steps to minimize delays in other parts of the process:

1. File Quickly and Completely

Gather all required documents before filing. Incomplete applications cause delays. Required documents typically include:

Original will (if exists)
Certified death certificate
List of heirs with addresses
Information about assets and debts

2. Publish Creditor Notice Immediately

The 4-month clock starts when notice is first published. Arrange publication as soon as you receive your Letters to start this period as early as possible.

3. Use Informal Probate When Possible

Avoid formal probate unless necessary. Informal probate is faster and less expensive. Only request formal probate when there are genuine disputes or legal requirements.

4. Hire a Probate Attorney

While not required, an experienced probate attorney can prevent mistakes that cause delays, navigate complications efficiently, and ensure proper compliance with all requirements.

5. Sell Property During Probate

Don't wait until probate closes to sell real property. Under Colorado's UPC, personal representatives typically have authority to sell during probate. This reduces carrying costs and can provide funds to settle the estate faster.

Need to sell probate property? Get a no-obligation offer that can close on your timeline, even during probate.

6. Respond Promptly to All Requests

Court requests, creditor inquiries, and heir communications should be handled quickly. Delays in responses create delays in the process.

7. Keep Detailed Records

Good record-keeping prevents disputes and simplifies the accounting required for closing. Track all transactions, keep receipts, and document decisions.

Common Causes of Delay

Understanding what causes probate delays can help you avoid them:

Will Contests

If someone challenges the validity of the will, probate shifts from informal to formal, requiring hearings and potentially litigation. This can add 6-18 months or more to the timeline.

Missing or Incorrect Documents

The court cannot proceed without proper documentation. Common issues include:

Missing original will
Incomplete heir information
Incorrect death certificate
Missing signatures or notarization

Disputes Among Heirs

Disagreements about asset distribution, personal representative actions, or interpretation of the will can require court intervention and add significant time.

Real Estate Complications

Properties with title issues, liens, encroachments, or unclear ownership require additional time to resolve before distribution.

Complex Assets

Business interests, out-of-state property, unusual investments, or assets requiring valuation can extend the timeline significantly.

Tax Issues

If the decedent had unfiled returns, owed back taxes, or the estate triggers estate tax obligations, resolution can take additional months.

Creditor Claims

While the creditor period is fixed, disputed claims or complex debt situations can extend the settlement phase.

Frequently Asked Questions

Probate in Colorado typically takes 6-12 months for straightforward estates using informal probate. The minimum timeline is about 5-6 months due to the mandatory 4-month creditor claim period. Complex estates with disputes, will contests, or significant assets can take 1-3 years or longer.

The fastest option is the small estate affidavit process, which can be completed in 2-4 weeks. This is available for estates with personal property under $70,000 and real property under $70,000 (totaling $140,000 maximum). If the estate exceeds these limits, informal probate is typically the fastest court process, taking 6-9 months.

Colorado requires a 4-month creditor claim period, which begins when notice is first published in a local newspaper. During this time, creditors can file claims against the estate. This 4-month period is mandatory and cannot be shortened, setting a minimum timeline for closing probate.

Yes, you can sell a house during probate in Colorado once you receive your Letters Testamentary or Letters of Administration from the court. Under Colorado's Uniform Probate Code, personal representatives typically have independent authority to sell property without waiting for probate to close.

Yes, processing times vary by county. Urban counties like Denver and Jefferson may have longer wait times due to higher caseloads, while rural counties like Mesa or Pueblo may process cases faster. However, the 4-month creditor period is the same statewide.

To speed up probate: 1) Use informal probate if eligible, 2) File promptly and completely with all required documents, 3) Publish creditor notice immediately, 4) Respond quickly to court requests, 5) Consider hiring a probate attorney to avoid mistakes and delays, 6) Sell property during probate rather than waiting until after.

Informal probate is faster and simpler, handled by the court registrar without hearings. It's used for uncontested estates with clear documentation. Formal probate requires court hearings and judge involvement, and is required for contested estates, unclear wills, or disputes among heirs. Informal probate typically takes 6-9 months; formal can take 12-36 months.

Colorado does not legally require an attorney for probate, and personal representatives can file pro se (self-representation). However, hiring a probate attorney is strongly recommended for estates with real property, complex assets, potential disputes, or out-of-state heirs. Attorney fees typically run $2,000-$5,000 for simple estates.

Need to Sell Property During Probate?

Don't wait for probate to close. We purchase Colorado properties during probate with a simple process designed for personal representatives. Get a fair cash offer with flexible closing.

Get Your Offer