CO risk area
Probate risk in Colorado
Court-supervised estate process, timing, cost exposure, and public record requirements.
Colorado allows collection of personal property by affidavit for smaller estates, with a 10-day waiting period and a value cap tied to the exempt-property amount.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- Affidavit collection can be used at least 10 days after death.
- No personal representative can be pending or appointed.
- Personal property value must be within the statutory cap (twice the exempt-property amount, adjusted for inflation).
- The affidavit can be used to collect bank accounts, tangible personal property, and securities.
Questions to consider
Questions this risk area helps you evaluate in Colorado
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Colorado allows collection of personal property by affidavit for smaller estates, with a 10-day waiting period and a value cap tied to the exempt-property amount.
- Affidavit collection can be used at least 10 days after death.
- No personal representative can be pending or appointed.
- Personal property value must be within the statutory cap (twice the exempt-property amount, adjusted for inflation).
- The affidavit can be used to collect bank accounts, tangible personal property, and securities.
- Small-estate affidavits allow successors to collect property directly from holders without court appointment.
Sources
- https://colorado.public.law/statutes/crs_15-12-1201
- https://www.nolo.com/legal-encyclopedia/colorado-avoiding-probate-31809.html
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Colorado.