Colorado Executor Checklist: Every Step from Death to Estate Closure

Serving as a Personal Representative (the Colorado term for executor) means being responsible for a legal process that spans 6 to 18 months, involves multiple state agencies, and carries personal liability if you make mistakes. Most executors have never done this before. This checklist organizes every step in the sequence the law requires, with the key deadlines and 2026 fees that govern each phase.

The First 48 Hours

The immediate aftermath is not the time for estate administration. It is the time for logistics.

• Contact a funeral home or crematory registered with the Colorado Department of Regulatory Agencies (DORA) to arrange transport of remains
• Secure the decedent's physical property — lock the residence, secure vehicles, contain valuables
• Locate the original will and any advance healthcare directives (MOST form, Medical Durable Power of Attorney)
• Contact the Social Security Administration (often the funeral home handles the initial notification)
• Notify immediate family and the decedent's employer

No legal estate settlement steps can commence in the first five days. Colorado law imposes a mandatory 120-hour waiting period before the probate court can act.

The First Week: Death Certificates and Will Lodging

Order certified death certificates. Death certificates are required by virtually every institution — banks, investment firms, the DMV, Social Security, life insurance companies, and county clerks. In 2026, certified death certificates from the Colorado Department of Public Health and Environment cost $25 for the first copy and $20 for each additional copy ordered simultaneously.

Order a minimum of 8–10 copies. Running short means paying individual request fees later and adding weeks of delay.

Lodge the original will with the county probate court within 10 days. This is mandatory under C.R.S. § 15-11-516, regardless of whether you plan to open a probate case. Failing to lodge a will you possess is a criminal misdemeanor in Colorado. Bring the original — the court does not accept copies for lodging.

Locate and document all assets. Begin cataloging bank accounts, investment accounts, real estate, vehicles, retirement accounts, and any digital assets. This inventory informs whether the estate qualifies for the small estate affidavit process or requires formal probate.

The First Month: Choosing the Probate Track

The 2026 small estate threshold is $88,000 for probate-only assets (excluding non-probate assets like POD accounts, TOD accounts, jointly owned property, and beneficiary-designated retirement accounts). If the estate qualifies and contains no real property:

• Use JDF 999 (Collection of Personal Property by Affidavit) — available only after 30 days from the date of death
• Use DR 2712 (DMV Small Estate Affidavit) for any vehicle title transfer — the DMV rejects JDF 999

If the estate exceeds $88,000 or contains real property, open probate:

• File JDF 910 (Application for Informal Probate) or JDF 920 (Petition for Formal Probate) — $229 filing fee
• File JDF 911 (Acceptance of Appointment) simultaneously
• Obtain Letters Testamentary or Letters of Administration — $20 per certified copy (plus $0.75 per page)

Within 30 Days of Appointment: Notify Heirs

Send the Information of Appointment (JDF 940) to all known heirs and devisees within 30 days of your appointment as Personal Representative. If any heir's address or identity is unknown, copy the Colorado Attorney General.

Begin the creditor notification process:

• Publish a Notice to Creditors (JDF 943) in a newspaper of general circulation in the county of probate, once a week for three consecutive weeks. This starts the 4-month creditor claim window for unknown creditors.
• Mail a Notice to Creditors (JDF 944) directly to all known creditors. This starts a shorter 60-day claim window for those creditors. Using this strategic direct notice collapses your creditor exposure timeline significantly.

Within 90 Days of Appointment: Complete the Inventory

Complete the Decedent's Estate Inventory (JDF 941) within three months of appointment. List every probate asset — real estate, stocks, bank accounts, vehicles, insurance policies, pensions — with their fair market value as of the date of death.

You are not required to file JDF 941 with the court. However, any heir who requests a copy is legally entitled to receive it. Keep it organized and accurate — it is your defense against any accusation of mismanagement.

The Administration Period: Paying Debts in the Right Order

Colorado law (C.R.S. § 15-12-805) mandates a strict priority order for paying estate debts. Pay in this sequence:

1. Property that has priority claims (fiduciary property)
2. Administrative and Personal Representative expenses
3. Funeral and disposition expenses
4. Federal debts (taxes, SBA loans)
5. Medical expenses from the last 180 days of the decedent's life
6. State and local government debts
7. Child support obligations
8. All other general unsecured debts (credit cards, personal loans)

Paying in the wrong order creates personal liability. If you pay a credit card before covering the funeral bill, and the estate later lacks funds, you owe the funeral home out of your own pocket.

Open an "Estate of [Name]" bank account to receive estate funds. Checks made out to the estate must be deposited here — your personal bank will not accept them into a personal account.

Tax Filings

• Obtain an Employer Identification Number (EIN) for the estate immediately from irs.gov (free, takes minutes online)
• File the decedent's final federal Form 1040 and Colorado DR 0104 for the year of death (income earned from January 1 through the date of death)
• File federal Form 1041 and Colorado DR 0105 (Fiduciary Income Tax Return) if the estate generated any post-death income — rental receipts, dividends, interest

Colorado has no state estate tax. Federal estate tax applies only above the $15,000,000 federal exclusion in 2026 (per individual).

Closing the Estate

Once the creditor claim periods have expired and all debts are paid:

1. Prepare the Final Accounting (JDF 942) documenting all income, expenses, and proposed distributions
2. Distribute remaining assets to beneficiaries per the will or intestate succession rules
3. Obtain receipts or signed acknowledgments from each beneficiary
4. File for a decree of final settlement to be discharged from your fiduciary duties

For a complete, step-by-step guide to the Colorado probate process — with form templates, creditor management strategies, and county-specific fee schedules for Denver, El Paso, Jefferson, and other major counties — see the Colorado Estate Settlement Guide at /us/colorado/estate-settlement/.

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