Probate is the legal process (which may be informal or formal) for settling an estate after a person passes away. It is used for situations where a person died with a will and without a will. While there are ways to avoid probate, if you need to go through the process, it is important to understand the steps.

In most cases, probate begins by filing an application or petition with the court, supported by documentation. From there, the personal representative will open a bank account, notify and pay creditors, value estate assets, and pay expenses and taxes. When all of this work is complete, the estate assets can be distributed, and probate can be closed.

Ascent Legal Group offers experienced legal representation to clients in Colorado probate matters, including both estate administration and will contests. We can help you with the technical details to make sure that you meet your obligations as a personal representative. Reach out to our law offices to talk to a Colorado Springs probate lawyer about your case.

Steps in the Colorado Probate Process

There are three options when it comes to probate in Colorado. The exact steps that you will take will depend on the type of probate necessary for the estate. The three types of probate are:

1. Small Estate Affidavit: This process can be used in situations where the estate’s net value is under the statutory threshold ($86,000 in 2026, but this number is adjusted periodically for inflation—check current threshold). It cannot be used to transfer real estate – only personal property. This process can be used whether or not the decedent had a will, as long as the person using the affidavit is legally entitled to the property. 
2. Informal Probate: This streamlined process can be used in situations when the beneficiaries of the estate do not have any major disputes (such as over the validity of the will or who will serve as the personal representative). It can be used in situations where the decedent had a will and where they died without a will (known as dying “intestate.”
3. Formal probate: If there are any challenges to the will or with the administration of the estate, it will have to go through formal probate. This process takes longer because the court will more closely oversee it.

Below, we will break down the steps for each type of probate.

Small Estate Process

If a decedent’s estate meets the criteria, then it can go through the small estate process. To qualify, the estate must meet the following requirements:

• The fair market value of all estate property cannot exceed $86,000 (for 2026; the amount is periodically adjusted for inflation).
• There is no application or petition for the appointment of a personal representative in any jurisdiction.
• At least 10 days have elapsed since the death.

When calculating the value of the estate, non-probate assets (like property in a living trust and payable-on-death bank accounts) are not counted. This process cannot be used to transfer real estate.

If the estate meets these requirements, then you can take the following steps:

1. Sign a Collection of Personal Property by Affidavit, which states that you are entitled to the property and that the estate meets the criteria for this process. It also must describe the property being collected and its value.
2. Have the document notarized.
3. Present the affidavit to the person or institution holding the property, typically along with a certified copy of the death certificate.
4. Collect the property and distribute it to heirs/beneficiaries.

Because it does not require court approval, the small estate affidavit process is quick and relatively simple. If you have questions about whether an estate qualifies or requires assistance with valuation or documentation, reach out to our Colorado Springs probate attorneys for assistance.

Informal and Formal Probate Process

The formal and informal processes are extremely similar. The main difference is that with formal probate, the court will schedule hearings to decide on things like who the personal representative should be or whether the will is valid. For this reason, informal probate may take 6 to 12 months, while formal probate can take 12 to 18 months or longer.

To probate an estate in Colorado, you will need to take the following steps:

1. File the probate petition in the District Court of the county where the decedent lived at the time of death. To do so, you will need to submit:
   1. The petition for informal or formal probate and appointment of a personal representative
   2. The original will (if any)
   3. A certified death certificate
   4. The proposed Letters Testamentary (if the decedent had a will) or Letters of Administration (if they died intestate)
   5. Basic information about the likely heirs/beneficiaries, including their last known address
   6. A preliminary list of known assets and creditors
2. The court will then appoint the personal representative and issue the appropriate Letters that authorize the representative to act on behalf of the estate.
3. Open a bank account on behalf of the estate and obtain a tax identification number for the estate, using the Letters.
4. Notify the heirs and beneficiaries of the estate.
5. Publish creditor notice, starting the creditor claim period (typically 4 months).
6. Identify, gather, and value the decedent’s assets (such as bank accounts, real estate, vehicles, investments, and personal property. If necessary, obtain appraisals for unique or hard-to-value items (such as artwork).
7. Pay valid credit claims, funeral expenses, costs of administering the estate, and taxes. If there is a dispute over whether a creditor’s claim is allowable, the court may get involved.
8. Distribute any remaining assets once debts and expenses are paid. If there is a will, assets will be distributed according to its terms. Otherwise, the assets will be distributed according to Colorado’s intestate succession laws.
9. Close the estate by filing the appropriate closing statements or a final accounting with the court, along with a request to close the estate. Once the court closes the estate, the personal representative’s authority to handle estate matters will end.

The difference between informal and formal probate when it comes to the process largely comes down to closer court supervision. Formal probate is required whenever there are any disputes or complexities with the case. The court may schedule hearings and make decisions on any contested matters.

Probate is not always required. The need to go through the probate process will be based on the type and value of assets, and what type of estate planning documents the decedent had in place. For example, if the decedent held most of their assets through a living trust, probate may not be necessary because that property is non-probate and will be handled through the terms of the trust.

While you are not required to have a lawyer for the probate process in Colorado, it can be incredibly helpful. There are a lot of technical steps involved in probate, and the personal representative has a lot of responsibilities. Our Colorado probate attorneys can handle estate administration on your behalf, making sure that it is completed properly and easing your burden as the personal representative. 

What Are My Duties As a Personal Representative?

The personal representative of an estate may be named in a last will and testament or appointed by a court. The personal representative has many responsibilities throughout the process, including:

• Filing the appropriate paperwork. 
• Opening and maintaining an estate bank account. 
• Creating an inventory of all of the decedent’s assets.
• Determining the value of the estate’s assets.
• Managing the estate assets until the estate is closed.
• Notifying heirs, beneficiaries, and creditors of the opening of the estate.
• Negotiating and paying creditor claims.
• Paying expenses and taxes.
• Keeping accurate records of the estate’s transactions.
• Selling and transferring assets.
• Distributing assets to heirs and beneficiaries.
• Closing the estate.

In performing these administrative duties, the personal representative has a fiduciary duty to the estate, heirs, and beneficiaries. This fiduciary duty includes an obligation to:

1. Act impartially in regard to all parties to the estate.
2. Administer the estate with care, prudence, and diligence.
3. Put the interests of the estate in front of their own interests.
4. To be loyal and impartial, acting for the estate’s benefit and not favoring any heir.
5. Keep meticulous records to ensure full accounting and transparency.
6. Maintain estate assets separate from their personal funds.

If a personal representative violates these duties in some way, then they could be held liable for any harm that they cause. They could also be removed as the personal representative.

The personal representative of an estate is often a family member or other loved one. These duties and responsibilities can feel particularly heavy when you are also grieving and potentially dealing with conflict among family members. Our law firm can work with you to help you with each step of the process, making sure that the estate is administered correctly and in accordance with Colorado law.

Reach Out to An Experienced Colorado Springs Probate Lawyer

Probate can be a time-consuming process, with multiple steps and technical details. Depending on the situation, you may be able to take advantage of a more streamlined version of probate. Our Colorado Springs probate lawyers can help you decide how an estate needs to be administered and work with you to complete the process successfully.

At Ascent Legal Group, we work with family members and personal representatives to help them with probate administration, will contests, and more. We can help you with every aspect of probate, from the initial decision of how to proceed to managing the bureaucratic tasks of the process. To learn more or to schedule a free consultation with a Colorado Springs probate attorney, call our law offices at 719-256-0067 or fill out our online contact form.