When Is Probate Required in Colorado?

When a loved one passes away, families are often left with not only grief but also the responsibility of handling the estate. One of the first questions people ask is whether probate is required. Probate is the legal process used to transfer a deceased person’s property, resolve debts, and ensure assets are distributed correctly. In Colorado, whether probate is necessary depends on the type of assets, their title, and the size of the estate. Working with an experienced Colorado law firm can help families understand when probate is required and how to navigate the process effectively.

What Is Probate?

Probate is the court-supervised procedure for settling an estate after someone dies. The process includes proving that a will is valid (if one exists), identifying assets, notifying creditors, paying debts, and distributing remaining property to heirs or beneficiaries.

In Colorado, probate can be formal, informal, or small estate, depending on the circumstances. Knowing which type of probate applies is the first step toward efficiently managing the estate.

When Probate Is Required in Colorado

1. The Deceased Owned Real Estate in Their Name Alone

One of the clearest situations requiring probate is when the deceased owned real estate solely in their name. For example, if someone owned a house or a piece of land in Colorado and it wasn’t jointly owned or placed in a trust, that property cannot be transferred to heirs without probate.

Real estate is considered a significant asset, and title transfers generally must go through the probate court to ensure legal ownership changes.

2. Assets Without Beneficiaries or Joint Owners

Many financial accounts—such as bank accounts, retirement accounts, and life insurance policies—allow owners to name a beneficiary. If a beneficiary is named, those assets usually pass outside of probate. However, if no beneficiary is listed, or if the beneficiary predeceased the account holder, probate will be necessary to determine who receives the funds.

Similarly, if an account or piece of property was not jointly titled with rights of survivorship, probate may be required to retitle it.

3. Estates Exceeding the Small Estate Limit

Colorado law allows for a simplified probate process if the estate is considered “small.” As of 2025, if the total value of the estate is less than $80,000 and there is no real estate, heirs may use an affidavit to collect assets without going through full probate.

If the estate value exceeds this threshold, or if real property is involved, probate will be required to properly administer the estate.

4. When There Are Disputes Among Heirs

Even if an estate seems straightforward, disagreements can trigger probate. Disputes over the validity of a will, the identity of heirs, or how property should be divided often require the intervention of the probate court.

A Colorado law firm can represent heirs or executors in contested probate cases to protect their interests and work toward resolution.

5. Creditors and Debts Need to Be Resolved

Probate also ensures that outstanding debts are paid before distributing property. If the deceased owed money on credit cards, loans, or medical bills, probate provides a system for notifying creditors and paying valid claims. Without probate, creditors may have grounds to pursue heirs for unpaid debts.

When Probate May Not Be Necessary

Not every estate requires probate. Some assets pass directly to heirs or beneficiaries without court involvement. Common examples include:

• Jointly Owned Property – Assets owned jointly with rights of survivorship automatically pass to the surviving owner.
• Trust Assets – Property placed in a living trust generally avoids probate and is managed by the trustee.
• Payable-on-Death (POD) or Transfer-on-Death (TOD) Accounts – Bank accounts, securities, or even real estate titled with a TOD designation go directly to the named beneficiary.
• Small Estates – As mentioned, if the estate is below $80,000 and does not include real estate, heirs can use a small estate affidavit instead of probate.

Even if full probate is not required, it is still important to properly document asset transfers to avoid future legal issues.

Types of Probate in Colorado

Colorado has three main probate processes:

1. Small Estate Affidavit – For estates valued under $80,000 with no real estate.
2. Informal Probate – Used when the will is uncontested, and the estate administration is straightforward. It is often faster and less expensive.
3. Formal Probate – Required when there are disputes, questions about the will’s validity, or complex assets. Formal probate involves more court oversight.

A Colorado law firm can help determine which probate process applies and guide families through the requirements.

The Role of the Personal Representative

In Colorado, the executor of an estate is called a “personal representative.” This person is appointed by the court to manage the probate process. Their responsibilities include:

• Filing the will with the court.
• Collecting and safeguarding estate assets.
• Paying debts, taxes, and expenses.
• Distributing property to beneficiaries according to the will or Colorado intestacy law.

Because this role carries legal obligations, many personal representatives choose to work with a Colorado law firm to avoid mistakes or liability.

Why Probate Matters

Probate serves several important functions:

• Ensures Legal Transfer of Property – Heirs gain clear title to assets.
• Protects Creditors’ Rights – Debts are resolved properly.
• Prevents Fraud or Abuse – Court oversight reduces the risk of mismanagement.
• Resolves Disputes – The court provides a legal forum for contested issues.

Without probate, heirs could face difficulties selling real estate, transferring vehicles, or accessing financial accounts.

How a Colorado Law Firm Can Help

Dealing with probate is rarely easy. The process can be confusing, especially when families are already coping with loss. An experienced Colorado law firm can:

• Determine if probate is required based on the estate’s size and assets.
• Help file the necessary paperwork with the probate court.
• Represent the personal representative in carrying out their duties.
• Defend against disputes or creditor claims.
• Explore alternatives to probate when possible, such as small estate procedures or trust administration.

By working with skilled attorneys, families can reduce stress, avoid costly mistakes, and ensure that the estate is settled correctly.

Conclusion

Probate is often required in Colorado when the deceased owned real estate, had assets without beneficiaries, left behind debts, or when the estate exceeds the small estate limit. While some assets may transfer outside of probate, many situations require court involvement. Understanding the rules can prevent costly delays and family conflict.

If you are unsure whether probate is required after a loved one’s passing, consult with a trusted Colorado law firm. The right legal guidance can help you navigate the process, protect your rights, and bring peace of mind during a difficult time.