How Does Step-Up in Basis Work in Colorado?

Inherited assets in Colorado take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesC.R.S. § 39-22-518 — "Tax modification for net capital gains" (as narrowed by HB21-1311 § 8, eff. TY2022)Verified Sep 15, 2026View source.

When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Colorado as in every state.

State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces ordinary income tax at the state's regular ratesC.R.S. § 39-22-518 — "Tax modification for net capital gains" (as narrowed by HB21-1311 § 8, eff. TY2022)Verified Sep 15, 2026View source. Colorado's top marginal income tax rate is 4.4%C.R.S. § 39-22-104(1.7)(c); § 39-22-627 (temporary TABOR rate reductions)Verified Sep 20, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.

For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.

No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Colorado layer. Short-term ordinary-income rates never apply.

The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.

Forms for Planning and Settling an Estate in Colorado

Free Colorado forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Petition for Probate and Letters

In Colorado, the petition asks the District Court of the county where the decedent lived to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableC.R.S. § 15-12-301Verified Sep 8, 2026View source.

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Notice to Creditors

In Colorado, the notice to creditors is published for 3C.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsC.R.S. § 15-12-801(1) (4 months from first publication); § 15-12-803(1)(a)(III) (one-year-from-death outer bar)Verified Sep 8, 2026View source from first publication to present claims.

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Renunciation of Executor

In Colorado, a person named as personal representative may renounce the right to serveC.R.S. § 15-12-203(3)Verified Sep 22, 2026View source before anyone is appointed.

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Affidavit of Heirship

In Colorado, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areC.R.S. §§ 38-35-113, 38-35-109; 15-12-1302 to 15-12-1306; 42-6-114Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.

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Small Estate Affidavit

In Colorado, the Collection of Personal Property by AffidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source covers estates with personal property of $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or less, 10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.

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Estate Inventory

In Colorado, the personal representative files the estate inventory within 90 daysC.R.S. § 15-12-706Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Colorado, the personal representative is discharged automatically once the statutory period runsC.R.S. § 15-12-1003(2), § 15-12-1005Verified Sep 15, 2026View source, and a final accounting is required.

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Tools for Planning and Settling an Estate in Colorado

Free calculators and checklists for planning or settling an estate in Colorado: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

Colorado levies no estate or inheritance taxNo Colorado estate or inheritance tax is payable. The Colorado Estate Tax Law (C.R.S. § 39-23.5-103) imposes a tax equal to the federal credit for state death taxes under IRC § 2011 (C.R.S. § 39-23.5-102(6)); that federal credit was eliminated, so the tax computes to $0 and no Colorado estate tax filing is required for deaths after December 31, 2004 — and independently, C.R.S. § 39-23.5-107(3) provides that "[n]o Colorado return need be filed if the gross estate or generation-skipping transfer does not require the filing of a federal return." The statute remains on the books rather than repealed — a "pick-up" tax that would revive if Congress restored the federal credit. Colorado replaced its 1927 inheritance tax with the estate tax in 1980 and has no inheritance tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Colorado imposes no inheritance or estate taxNo Colorado estate or inheritance tax is payable. The Colorado Estate Tax Law (C.R.S. § 39-23.5-103) imposes a tax equal to the federal credit for state death taxes under IRC § 2011 (C.R.S. § 39-23.5-102(6)); that federal credit was eliminated, so the tax computes to $0 and no Colorado estate tax filing is required for deaths after December 31, 2004 — and independently, C.R.S. § 39-23.5-107(3) provides that "[n]o Colorado return need be filed if the gross estate or generation-skipping transfer does not require the filing of a federal return." The statute remains on the books rather than repealed — a "pick-up" tax that would revive if Congress restored the federal credit. Colorado replaced its 1927 inheritance tax with the estate tax in 1980 and has no inheritance tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Colorado costs an estimated $26,082C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Colorado costs an estimated $26,082C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Colorado, a surviving spouse takes the entire estateC.R.S. § 15-11-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationC.R.S. §§ 15-11-103(3), 15-11-106Verified Sep 10, 2026View source.

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How Many Death Certificates Do I Need?

In Colorado, certified death certificates come from the Colorado Department of Public Health and Environment - Vital RecordsColorado Department of Public Health and Environment - Vital RecordsVerified Oct 15, 2026View source; the first copy costs $25Colorado Department of Public Health and Environment - Vital RecordsVerified Oct 15, 2026View source, additional copies $20Colorado Department of Public Health and Environment - Vital RecordsVerified Oct 15, 2026View source each.

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Do I Need Probate?

In Colorado, estates with personal property of $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source, 10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after death.

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Colorado Estate Planning Resources

In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.