When a loved one passes away, their estate usually needs to go through a legal process called probate. Probate ensures that all debts, taxes, and legal obligations are properly handled before assets are transferred to heirs or beneficiaries.

In Colorado, probate can range from a relatively simple administrative process to a more involved court-supervised proceeding. At Kinney Law Office, we help personal representatives (also called executors) and families navigate every stage of probate — efficiently, accurately, and with compassion.

What Is Probate?

Probate is the court-supervised process for settling a deceased person’s affairs. It involves verifying the will, appointing a personal representative, identifying and valuing assets, paying debts and taxes, and distributing remaining property to heirs or beneficiaries.

Colorado’s probate system is relatively flexible, offering three primary pathways depending on the estate’s size and complexity:

1. Small Estate (Collection by Affidavit) – For estates valued under $80,000 (as of 2025) that include no real property. Heirs can collect assets using a simple affidavit without opening a full probate case.

2. Informal Probate – The most common process, used when there are no disputes and all documents are in order.

3. Formal Probate – Required when there are disputes, questions, or complications requiring judicial oversight.

Informal Probate in Colorado

Informal probate is appropriate when:

• The decedent had a valid, uncontested will, or

• There is no will, but all heirs agree on how to proceed.

In an informal probate, the court’s role is limited. A court registrar (not a judge) reviews the application and issues Letters Testamentary or Letters of Administration, which authorize the personal representative to manage the estate.

The personal representative is then responsible for collecting assets, paying bills, notifying creditors, filing taxes, and distributing property. Because informal probate doesn’t require court hearings, it’s typically faster, less expensive, and more private than formal probate.

Estimated Timeline for Informal Probate

While some estates can be completed in less than a year, it’s more realistic to expect informal probate to take nine to twelve months, and sometimes up to eighteen months if real estate sales, tax filings, or complex assets are involved.

Delays can occur due to:

• Title or property sale issues

• Delays in obtaining financial records or IRS documents

• Creditor claim periods (which must remain open for 120 days)

• Coordination among multiple beneficiaries

Formal Probate in Colorado

Formal probate is required when there’s a dispute or uncertainty about the estate. Examples include:

• A contested or unclear will

• Questions about heirship or validity of documents

• Disagreements among beneficiaries or creditors

• Need for ongoing court supervision

In formal probate, a judge—not just a registrar—oversees the process. The court may need to approve key actions such as selling property, paying disputed claims, or distributing assets. Hearings are often required, and court approval may be needed for the personal representative’s final accounting and closure.

Estimated Timeline for Formal Probate

Formal probate generally takes twelve to twenty-four months to complete, depending on the level of court involvement. Particularly complex or contested estates may last up to three years.

Delays often stem from:

• Scheduling and holding multiple hearings

• Litigation or disputes among heirs

• Tax complications or property appraisals

• Judicial backlogs in high-volume counties

While formal probate takes longer, it provides judicial oversight and protection for all parties — often a wise approach when conflict or uncertainty exists.

How Long Does Probate Take in Colorado?

Every estate is different, but here’s a general overview of what to expect:

These timelines are averages based on Colorado practice. Real estate sales, tax issues, or disputes can lengthen the process. At Kinney Law Office, we provide clear timelines, regular updates, and practical strategies to keep your case moving forward.

Duties of the Personal Representative

Whether the probate is informal or formal, the personal representative plays a critical fiduciary role. Their core responsibilities include:

1. Filing and Appointment – Filing the application with the district court and obtaining Letters Testamentary or Letters of Administration to gain authority.

2. Notifying Interested Parties – Sending written notice to all heirs and beneficiaries and publishing a Notice to Creditors in a local newspaper once per week for three consecutive weeks.

3. Inventory and Valuation – Identifying all assets, determining their value as of the date of death, and filing an Inventory and Appraisement with the court (usually within 3 months).

4. Managing and Preserving Estate Assets – Maintaining insurance, paying taxes, and protecting estate property during administration.

5. Paying Debts and Taxes – Settling valid creditor claims and filing any required state or federal tax returns.

6. Accounting and Distribution – Providing beneficiaries with an accounting, distributing assets according to the will or intestacy laws, and filing the final Closing Statement or Petition for Approval.

Because personal representatives are fiduciaries, they must always act in the best interests of the estate and beneficiaries. Mistakes in accounting, recordkeeping, or notice can expose them to liability — which is why professional legal guidance is essential.

Choosing the Right Type of Probate

The choice between informal and formal probate depends on factors such as:

• Whether there’s a valid, uncontested will

• The size and complexity of the estate

• The level of trust and cooperation among heirs

• The need for court oversight

At Kinney Law Office, we help families evaluate the right probate path and manage the process from start to finish — ensuring compliance, efficiency, and peace of mind.

How Kinney Law Office Can Help

At Kinney Law Office, we serve families throughout Colorado and Wyoming by helping personal representatives, executors, and heirs handle probate with confidence. Whether your case is simple or complex, we provide step-by-step guidance to:

• Prepare and file court documents correctly

• Handle creditor claims and tax filings

• Resolve disputes efficiently

• Finalize distributions and close the estate

If you’ve been appointed as a personal representative or need to determine whether probate is necessary, contact our office today. We’ll help you understand your duties, set realistic expectations, and move through the process with clarity and confidence.