Understanding Probate Procedures in Colorado
Detailed Answer
Colorado does not categorize probate as “common” or “solemn” form as some other states do. Instead, you’ll encounter two primary probate paths under Colorado law:
- Regular (Informal) Probate Administration
This process applies when the estate’s value exceeds the small-estate threshold or when heirs request full administration. It follows Title 15, Article 10 of the Colorado Revised Statutes (C.R.S. § 15-10-101 et seq.). Key steps include:- Filing a petition for appointment of a personal representative.
- Noticing heirs and creditors.
- Inventorying assets.
- Paying valid debts and taxes.
- Distributing assets under the decedent’s will or Colorado’s intestacy rules.
- Simplified (Small Estate) Probate
If the decedent’s personal property is valued at $70,000 or less (real property excluded), you may use the small-estate affidavit under Title 15, Article 12 (C.R.S. § 15-12-101 et seq.). Benefits include:- No court hearing or bond requirement in most cases.
- Faster access to personal property (e.g., bank accounts).
- Lower filing fees and simpler paperwork.
While North Carolina distinguishes between common and solemn probate based on the formality and record-keeping of affidavits, Colorado’s streamlined approach focuses on estate size and the need for full administration rather than form class. If you encounter references to “common” or “solemn” forms, note that Colorado courts will direct you to the appropriate Colorado Revised Statutes provisions instead.
Helpful Hints
- Always verify the estate’s total personal property value to see if you qualify for small-estate procedures.
- Use the Colorado Courts Self-Help Center (https://www.courts.state.co.us/Self_Help/) for forms and instructions.
- Give timely notice to creditors to limit liability. See C.R.S. § 15-12-801.
- Consult Title 15, Article 10, if the estate has real property or exceeds small-estate limits.
- Keep clear records of every step: filings, notices, inventories, and distributions.
Disclaimer: This article provides general information about Colorado probate procedures. It does not constitute legal advice. For guidance on your specific situation, consult a licensed Colorado attorney.