After a death in Colorado, the estate either qualifies for the simplified procedure for estates under $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or goes through probate, where 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 to file claims after notice.
Certified copies 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 funeral home usually places the first order. The first certified copy costs $25Colorado Department of Public Health and Environment - Vital RecordsVerified Oct 15, 2026View source and each additional copy ordered with it $20Colorado Department of Public Health and Environment - Vital RecordsVerified Oct 15, 2026View source; standard processing takes 30 business days for online ordersColorado Department of Public Health and Environment - Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Colorado death certificate guide carries the ordering details.
Colorado sets an order for who controls the disposition of remains: appointed personal representative or special administrator of the estate, then surviving spouse, then majority of the surviving adult children of the decedentC.R.S. § 15-19-106Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceC.R.S. §§ 15-19-104, 15-19-107Verified Oct 17, 2026View source, and a written designation outranks the default order. The Colorado burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Colorado allows estates with personal property of $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or less to use the Collection of Personal Property by AffidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source, which avoids full probate administration. The Collection of Personal Property by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after death.
Colorado uses Petition for Formal Probate of Will and Formal Appointment of Personal Representative (JDF 920) (JDF 920)C.R.S. §§ 15-12-301 to 15-12-311 (informal probate & appointment); §§ 15-12-401 to 15-12-414 (formal); § 15-12-701 et seq. (powers / Letters as proof of authority)Verified Aug 24, 2026View source, filed with the District Court of the county where the decedent livedC.R.S. §§ 15-12-301 to 15-12-311 (informal probate & appointment); §§ 15-12-401 to 15-12-414 (formal); § 15-12-701 et seq. (powers / Letters as proof of authority)Verified Aug 24, 2026View source. Probate registrar in informal proceedings issues Letters Testamentary or Letters of Administration after the court grants the petition. The Colorado Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Colorado typically settles in 4 months to 6 months, and an average estate in 6 months to 9 months. The creditor claim period of 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 is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Colorado: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Colorado.
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Affidavit of Death
In Colorado, a surviving joint owner or a transfer on death deed beneficiary records the “Supplementary affidavitC.R.S. § 38-31-102(1) (2026)Verified Oct 26, 2026View source”.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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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.
Free tools for settling an estate in Colorado: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Colorado.
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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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Colorado, what the survivor records is the “Supplementary affidavitC.R.S. § 38-31-102(1) (2026)Verified Oct 26, 2026View source”.
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Do I Have to File Tax Returns for Someone Who Died?
Colorado requires a final state income tax return for the decedent alongside the federal Form 1040C.R.S. § 39-22-104(1.7)(c); § 39-22-627 (temporary TABOR rate reductions)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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How Do I Settle an Estate?
Settling an estate in Colorado: the personal representative files the estate inventory within 90 daysC.R.S. § 15-12-706Verified Sep 15, 2026View source of appointment; creditors have 4 monthsC.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
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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.
Colorado Executor ChecklistC.R.S. § 15-10-602 (fees), § 15-12-1201 (small estate), § 15-12-801 and § 15-12-803 (creditor claims), § 15-12-603 (bond), § 13-32-102 (filing fee), per the CRS 2026 codified titles; CO Department of Revenue Probate Index 2026; CO Judicial Branch List of Fees; JDF 999 (R: April 28, 2026)Verified Sep 8, 2026View source
Notify immediate family members
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Colorado: State law sets the order of who controls disposition of remains. Order: The decedent, through a declaration designating the disposition or the person to direct it (C.R.S. § 15-19-104); then Appointed personal representative or special administrator of the estate; then Nominee for personal representative under the decedent's will, while no personal representative or special administrator has been appointed; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Colorado: A burial or disposition permit is required, issued by the local vital-statistics office of the county where the death occurred, or the coroner where the county has none (C.R.S. § 25-2-111(1)). The death certificate must be filed within 3 days. The certificate is due within 72 hours after the funeral director or family member assumes custody of the body, and before final disposition (C.R.S. § 25-2-110(1)(a)). Median prices on 78 Colorado funeral homes' general price lists: direct cremation $2,085, immediate burial $3,095, a funeral with a viewing and burial $5,205.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Colorado: Order from Colorado Department of Public Health and Environment - Vital Records. Fee: $25/copy ($20 additional). Available: online, mail, in-person. Processing: 30 business days for online orders.
Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.
Colorado: Homestead exemption up to $250,000. Minor children also protected.C.R.S. §§ 38-41-201, 38-41-204Verified Sep 15, 2026View source
Locate estate planning documents
Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.
Determine if probate is necessary
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.
Colorado: Small estate affidavit available for estates under $88,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.C.R.S. § 15-10-602 (fees), § 15-12-1201 (small estate), § 15-12-801 and § 15-12-803 (creditor claims), § 15-12-603 (bond), § 13-32-102 (filing fee), per the CRS 2026 codified titles; CO Department of Revenue Probate Index 2026; CO Judicial Branch List of Fees; JDF 999 (R: April 28, 2026)Verified Sep 8, 2026View source
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Colorado: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Colorado's estate recovery program (Colorado Department of Health Care Policy and Financing, Estate Recovery) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Colorado: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (C.R.S. § 15-11-804). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Colorado: Homestead exemption up to $250,000. Minor children also protected. Colorado allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.C.R.S. §§ 38-41-201, 38-41-204Verified Sep 15, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.
Probate must be opened within 3 years of the deathC.R.S. § 15-12-108 (ultimate time limit)Verified Aug 24, 2026View source
Colorado: Statewide form: JDF 920 (Petition for Formal Probate of Will and Formal Appointment of Personal Representative). File with the District Court of the county where the decedent lived (Denver Probate Court in Denver County). E-filing is not open to self-represented filers. Filing fee $229. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-9 months.C.R.S. §§ 15-12-301 to 15-12-311 (informal probate & appointment); §§ 15-12-401 to 15-12-414 (formal); § 15-12-701 et seq. (powers / Letters as proof of authority)Verified Aug 24, 2026
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Colorado: Letters Testamentary are issued by the Probate registrar in informal proceedings (no hearing); the judge in formal proceedings (after notice/hearing). The state's title for the role is Personal Representative. The Letters document is official form JDF 915 (Letters Testamentary/of Administration). Typically filed with the petition: Original will and any codicils (lodged/deposited with the court) (C.R.S. §§ 15-11-515 "Deposit of will with court in testator's lifetime", 15-11-516 "Duty of custodian of will; lodging of will after death"); Acceptance of Appointment (JDF 911); Proposed order submitted with the application/petition: informal JDF 913 (with a will) / JDF 917 (no will); formal JDF 921 (with a will) / JDF 923 (no will); Renunciation and/or Nomination of Personal Representative where a higher-priority person yields (JDF 912); Information of Appointment (JDF 940) mailed to heirs and devisees within 30 days of appointment; Bond only if required by the will or demanded by an interested person (C.R.S. §§ 15-12-603, 15-12-605); Notice of Hearing (JDF 711) for the FORMAL track (JDF 920/922 petitions are heard after notice; the open-estate instructions list JDF 711 on both formal paths); Irrevocable Power of Attorney Designating Clerk of Court as Agent for Service of Process (JDF 721) if the nominated personal representative lives outside Colorado.C.R.S. §§ 15-12-301 to 15-12-311 (informal probate & appointment); §§ 15-12-401 to 15-12-414 (formal); § 15-12-701 et seq. (powers / Letters as proof of authority)Verified Aug 24, 2026
If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.
Colorado: Bond generally not required. Beneficiaries may waive bond in writing (C.R.S. §§ 15-12-603, 15-12-605).C.R.S. § 15-12-603Verified Sep 8, 2026View source
Open an estate bank account
Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.
Consider hiring a probate attorney
For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.
Colorado: Attorney fees typically 2-3.1% of estate.C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Colorado: Colorado requires publication for 3 consecutive weeks. Typical cost: $100. The executor places the notice with the newspaper directly. Creditors have 4 months from first publication to file claims. Direct notice to a known creditor is optional and does not shorten their deadline — they get the later of the claim period or 60 days from the mailing. Proof of publication must be filed with the court.C.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Colorado: Colorado has adopted digital asset access laws (2016). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.C.R.S. § 15-1-1501 et seq.Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Colorado: Search Colorado Department of the Treasury, Great Colorado Payback (Unclaimed Property) for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Colorado: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (C.R.S. § 15-11-804). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 90 days after appointment as personal representativeC.R.S. § 15-12-706Verified Sep 15, 2026View source
Colorado: Inventory due within 90 days of appointment — you may either file it with the court or send it to interested persons who request it. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.C.R.S. § 15-12-706Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Colorado: Creditors file claims on a statutory claim form. After a claim is rejected, the creditor has 63 days to sue on it. If the estate cannot pay every claim, payment order: Property held by decedent as fiduciary or trustee; then Costs and expenses of administration; then Reasonable funeral and final disposition expenses; then remaining claims in statutory order.C.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 4 months from first publication of the creditor noticeC.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Oct 18, 2026View source
Colorado: Creditor claim period is 4 months from first publication. All claims are barred 1 year after death regardless of notice.C.R.S. §§ 15-12-801, 15-12-803, 15-12-805, 15-12-806Verified Oct 18, 2026View source
Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.
Colorado: Colorado titles can carry a Transfer of Title Upon Death Designated Beneficiary (beneficiary designation form) (Colo. Rev. Stat. 42-6-110.5). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Colorado Division of Motor Vehicles, Department of Revenue (title transfers are processed through county motor vehicle offices).
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Colorado: File DR 0104 for January 1 through date of death. Due April 15 following year of death (automatic 6-month extension to file, to October 15 under § 39-22-608(2)(c); no extension to pay) — C.R.S. § 39-22-608(2)(a). A surviving spouse or personal representative (executor, administrator, or anyone in charge of the decedent's property) files, using the deceased taxpayer's federal filing status and marking the Deceased checkbox after the deceased taxpayer's name on the DR 0104. If claiming a refund, include form DR 0102 and the death certificate with the return (2025 Book 104, "Deceased Persons").C.R.S. §§ 39-22-601(1) & (3), 39-22-608(2)(a) & (2)(c), 39-22-404, 39-21-116; Title 39, Article 23.5 (Colorado Estate Tax Law), esp. § 39-23.5-107(3)-(5)Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Colorado: File DR 0105 for estate/trust income. Required when C.R.S. § 39-22-601(3)(b): "Every resident estate or trust and every nonresident estate or trust with income from Colorado sources for which a federal income tax return is required to be filed and every resident estate or trust and every nonresident estate or trust which has incurred any tax liability under any provision of this article." The 2025 DR 0105 filing guide reads the federal trigger broadly — it includes an INFORMATION return such as federal Form 5227 or 1041A, not only a Form 1041 (which is itself required at $600+ gross income or any nonresident-alien beneficiary, IRC § 6012(a)(3)).. Due April 15 for calendar-year filers. Flat 4.4% on Colorado taxable income (2025 DR 0105 line 12: "Multiply the amount on line 11 by 4.4% to calculate the Colorado normal tax of the estate or trust"); TY2024 was temporarily 4.25% under the § 39-22-627 TABOR mechanism.C.R.S. §§ 39-22-601(1) & (3), 39-22-608(2)(a) & (2)(c), 39-22-404, 39-21-116; Title 39, Article 23.5 (Colorado Estate Tax Law), esp. § 39-23.5-107(3)-(5)Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required26 USC 6018; 26 USC 6075(a)
Colorado: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).26 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Colorado: Colorado does not require a state tax clearance or waiver before an estate distributes.C.R.S. §§ 39-22-601(1) & (3), 39-22-608(2)(a) & (2)(c), 39-22-404, 39-21-116; Title 39, Article 23.5 (Colorado Estate Tax Law), esp. § 39-23.5-107(3)-(5)Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Colorado: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
