How Does Probate Work in Denver County, Colorado?
Losing someone you love is hard enough without the confusion of legal paperwork. In Denver, estate size determines the process—smaller estates under $88,000 can often avoid full probate. The Denver Probate Court accepts filings in person and requires e-filing for attorneys.
Do I Need Probate?
Families in Denver often discover that probate isn't automatic—it depends on how the deceased held title to their property and whether beneficiary designations were in place.
If the deceased used a revocable living trust, those assets transfer to beneficiaries without court involvement. The same goes for life insurance, retirement accounts with designations, and joint tenancy property. What's left—assets in the deceased's name only—is what goes through the Denver Probate Court.
Colorado provides a Collection of Personal Property by AffidavitC.R.S. § 15-10-602Verified Apr 14, 2026 for estates under $88,000§ 15-12-1201Verified Apr 14, 2026 after waiting 10 days§ 15-12-1201Verified Apr 14, 2026. Larger estates—or those with real property—generally require full probate at the Denver Probate Court.
Find out whether this estate needs to go through the Denver Probate Court:
Before the Denver Probate Court can open a case, you'll need the original will, a certified death certificate, and proof of what the deceased owned—deeds, statements, titles. Asset titling is what separates probate property from everything that passes automatically.
Colorado allows independent administration, which reduces the number of court appearances and gives the executor more authority to manage estate assets without prior court approval.
For straightforward estates where no one disputes the will, informal probate through the Denver Probate Court can significantly reduce the time and cost involved.
Filing at the Denver Probate Court
Attorneys must e-file in Denver County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Self-represented (pro se) litigants are not required to use ICCES electronic filing per Chief Justice Directive 11-01. Paper filings may be submitted in person or by mail, and court staff will scan and upload documents into the E-Filing system. Denver Probate Court does not accept pro se filings by fax or email. Pro se filings must be submitted in person or by mail.
Who Inherits Without a Will?
Without a valid will, inheritance in Denver is governed by Colorado statute rather than the deceased's wishes. The law assigns shares based on family structure—and the default distribution often catches families off guard.
See how this estate would be distributed:
Surviving spouses in Colorado can claim an "elective share" regardless of what the will says. The percentage varies by years married (up to 50%) and must be filed at the Denver Probate Court within 270 daysC.R.S. § 15-11-202Verified Apr 14, 2026.
The Denver Probate Court can approve a family allowance for the surviving spouse and minor children while the estate is being settled. This has priority over creditor claims.
Creditors must be notified through newspaper publication in Denver County for 3C.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Apr 14, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 4 monthsC.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Apr 14, 2026 from first publication.
Colorado has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Colorado recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- § 15-12-1201
- C.R.S. § 15-10-602
- C.R.S. § 15-11-202
- C.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806
Data sourced from Colorado statutes and official state code. How we research.
Denver Probate Court
Denver County
1437 Bannock Street, Room 230
Denver, CO 80202
Phone:
303-606-2303Hours:
Monday - Friday, 7:30 AM - 4:30 PM
Paper Filing Available
E-Filing Optional
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