Probate Deadlines and Personal Representative Liability
Personal representatives in Colorado have statutory deadlines for filing with the court, providing notice to creditors, completing an inventory of estate assets, and accounting and distribution to beneficiaries. Missing these deadlines, or errors, can expose the personal representative to personal liability. If you have recently lost a family member and have been named as personal representative, we recommend consulting with an attorney within 30 days of the death.
When Informal Probate Is Available
Informal probate, with only limited court involvement, is allowed for many straightforward estates where there is no will contest, no creditor disputes, and the named personal representative (“executor”) is available and qualified to serve. Colorado law also allows a type of informal probate without any court involvement for certain small estates when no real estate was owned. Although informal probate can be less expensive and faster than formal probate, not all estates can be completed informally, and many informal probate matters will still require at least some court involvement. We assess each estate individually to select the most efficient procedure available given the circumstances.
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Frequently Asked Questions
How long does probate take in Colorado?
Colorado probate has a minimum timeline of roughly six months due to the statutory creditor claim period under C.R.S. Section 15-12-803, which requires creditors be given at least four months to file claims after notice is published. More complex estates involving real property issues, larger numbers of assets, will contests, or business interests can take a year or more.
Does every estate have to go through probate?
No. Assets that pass by operation of law, such as jointly owned property, accounts with beneficiary designations, and assets held in a properly funded living trust, bypass probate entirely. Small estates may also qualify for Colorado's small estate affidavit procedure, which avoids formal probate court involvement. An attorney can help you determine whether probate is required for your loved one's estate.
What is the difference between a guardian and a conservator in Colorado?
A guardian in Colorado makes personal decisions for an incapacitated person, such as where they live and what medical care they receive. A conservator manages the incapacitated person's financial affairs. These roles are often but not always held by the same person, and both require ongoing court supervision and annual reporting.
How do I become a guardian for an elderly parent in Colorado?
To establish a guardianship for an incapacitated adult in Colorado, you must file a petition in the district court where the person resides, provide medical documentation of incapacity, comply with legal notice and procedural rules, and attend a court hearing. The court will appoint a visitor to interview the proposed ward and may appoint an attorney to represent them as well. We guide families through this process in Fremont, Custer, and Pueblo Counties.
