Colorado Probate with a Will: The Step-by-Step Process

A will is not a self-executing document. It is a set of legally binding instructions that becomes operational only when validated by the probate court and carried out by a court-appointed personal representative. In Colorado, the process of validating a will and administering the estate is called testate probate — and for most estates, it is handled through the informal track, without hearings, without a judge, and with a realistic total timeline of 9 to 14 months.

Here is the complete step-by-step process for probating a will in Colorado in 2026.

Before You File: The First 5 Days

Colorado law prohibits initiating any probate proceeding until at least 120 hours (5 days) have elapsed since the time of death (C.R.S. § 15-12-108). This waiting period cannot be waived.

During this time, the designated executor should:

• Locate the original will. For informal probate, the original must be presented to the court — a copy is not sufficient. Common locations include safe deposit boxes, home safes, attorney offices, and the Colorado Court (wills can be deposited for safekeeping with the court for an $18 fee during the testator's lifetime).
• Secure the decedent's property. This means locking the home, safeguarding vehicles and valuables, and documenting the inventory of physical assets.
• Obtain certified death certificates from CDPHE. Order 8 to 10 copies at once — $25 for the first certificate and $20 for each additional copy ordered at the same time.

Step 1: File the Application for Informal Probate (JDF 910)

Once the 5-day waiting period has passed and the original will is in hand, the executor files JDF 910 — the Application for Informal Probate of Will and/or Appointment of Personal Representative — with the District Court in the county where the decedent was domiciled at death.

The application includes:

• Identification of the decedent and the date of death
• The original will
• A certified death certificate
• The proposed personal representative's information
• Identification of all known heirs and devisees
• A statement that no other probate application is pending

Court filing fee: $229 (non-refundable).

Step 2: Accept the Appointment (JDF 911)

Simultaneously or immediately after filing JDF 910, the proposed personal representative files JDF 911 — the Acceptance of Appointment. This is the executor's formal sworn commitment to fulfill their fiduciary duties.

If the person named as executor in the will does not wish to serve, they must file JDF 912 (Renunciation and/or Nomination of Personal Representative) to decline the appointment and nominate an alternative, or the court will appoint according to statutory priority.

Step 3: Receive Letters Testamentary (JDF 915)

After the Probate Registrar reviews and approves the application — a process that takes days to a few weeks depending on the county — the court issues Letters Testamentary on JDF 915. These Letters are the executor's official legal credential.

Order multiple certified copies of the Letters immediately (cost: $20 base + $0.75 per page per copy). Banks, title companies, government agencies, and financial institutions each require their own certified copy to authorize the executor to act. Most retain the copy rather than returning it.

Letters are typically considered current if certified within the preceding 60 days. If the administration extends long enough that your original certified copies become outdated, you will need to obtain fresh certifications from the court.

Step 4: Notify Heirs and Devisees (JDF 940)

Within 30 days of appointment, the executor must mail JDF 940 — Information of Appointment — to all known heirs, devisees, and interested parties. This notice formally informs them that the estate has been opened, identifies the executor and their contact information, and advises them of their rights.

If any heir or devisee's identity or address is unknown, a copy must also be sent to the Colorado Attorney General.

Failing to send JDF 940 within 30 days is a fiduciary breach, and interested parties who were not notified may challenge subsequent administrative actions.

Step 5: Publish the Notice to Creditors (JDF 943)

The executor must publish the Notice to Creditors in a local newspaper of general circulation in the county where probate is filed. The notice must run once per week for three consecutive weeks.

This publication starts the 4-month creditor claim window. Unknown creditors who fail to file claims within 4 months of the first publication are permanently barred. Known creditors who receive direct written notice have 60 days from the date of mailing, or the publication deadline, whichever is later.

If the executor never publishes, creditors retain claim rights for a full year after the date of death. Publish promptly — every week of delay extends the claim period by one week.

Cost: approximately $50 to $200 depending on the county newspaper and notice length.

Step 6: Complete the Estate Inventory (JDF 941)

Within 3 months of appointment, the executor must complete the Decedent's Estate Inventory (JDF 941). This document catalogs every probate asset — assets owned solely in the decedent's name that are not passed by beneficiary designation, joint tenancy, or trust — and their fair market value as of the date of death.

In informal probate, the inventory does not need to be filed with the court. However, the executor must provide a copy to any interested person who requests it, and it must be filed if the administration becomes supervised or contested.

Valuations must be based on fair market value at death, not purchase price or sentimental value. Professional appraisals are necessary for real estate, business interests, and high-value collections.

Step 7: Pay Valid Debts in Statutory Priority

Once the creditor claim period closes, the executor evaluates all submitted claims. Invalid or inflated claims must be formally disallowed using JDF 945 within 63 days after the presentation period expires — failure to disallow means automatic legal acceptance of the claim.

Valid debts are paid in the statutory priority order under C.R.S. § 15-12-805:

1. Estate administration costs
2. Funeral expenses
3. Federal tax obligations
4. Medical expenses from the final illness
5. All other general debts

Before paying any general unsecured creditor, the surviving spouse's Exempt Property Allowance ($44,000 in 2026) and Family Allowance (up to $44,000) must be fully satisfied.

Step 8: File Tax Returns

The executor must file the decedent's final federal and state income tax returns. If the estate generates income during administration, fiduciary income tax returns (IRS Form 1041 and Colorado Form DR 0105) are required.

Colorado has no state estate tax. Federal estate tax (Form 706) is required only if the gross estate exceeds $15,000,000 in 2026 — though portability elections for surviving spouses may warrant filing Form 706 even below that threshold.

Step 9: Transfer Assets to Beneficiaries

Real estate transfers require a Personal Representative's Deed of Distribution — a specialized legal instrument that must be drafted to Colorado real property conveyance standards and recorded at the county clerk's office ($43 flat fee per document under HB 24-1269; death certificate recording is free).

Vehicle transfers use the endorsed original title plus Letters Testamentary at the county DMV ($7.20 title transfer fee).

Financial accounts are closed and proceeds distributed after the creditor period closes.

Step 10: File the Closing Statement (JDF 965)

Once all assets are distributed and all debts are paid, the executor files JDF 965 — the Statement of Personal Representative Closing Administration — with the district court. This is a sworn declaration that administration is complete. The estate officially closes one year after filing JDF 965, provided no court proceedings involving the executor are pending.

This 6-month minimum from appointment to closing (or 1 year after filing JDF 965) cannot be shortened. The closing statement cannot be filed less than 6 months after the executor was appointed.

The Full Timeline

From start to finish, a well-managed informal Colorado testate probate typically takes 9 to 14 months:

• Months 1–2: Filing, appointment, Letters received, initial notices sent
• Months 1–5: Creditor claim period running (4 months from first publication)
• Months 3–5: Inventory completed, creditor claims evaluated and disallowed as needed
• Months 5–8: Assets distributed to beneficiaries
• Month 6+: Minimum closing period reached
• Month 9–12: JDF 965 filed, estate closes

The Colorado Probate Process Guide provides a complete executor roadmap for the entire testate probate process, with checklists for each phase, the exact JDF forms at each step, deadline tracking worksheets, and guidance on the specific situations — insolvent estates, missing heirs, real estate complications — that extend the standard timeline.

See more Colorado guides →