If you’ve recently lost a loved one—or you’re planning ahead for your own estate—you might be wondering what probate actually is. Maybe you’ve heard it’s something to avoid. Maybe you’ve heard it’s inevitable. The truth is: it depends.

Let’s walk through what probate means in Colorado, when it applies, and how it actually works—without the legal jargon or overwhelm.

What Is Probate?

Probate is the legal process for settling someone’s affairs and transferring their property after they pass away. It’s how the courts make sure that debts are paid, assets are distributed properly, and everything is handled according to the person’s will—or, if there’s no will, according to Colorado law.

The good news? In Colorado, probate is often simpler and less expensive than many people fear—especially with good planning and clear communication.

Do You Always Have to Go Through Probate?

Not always. Whether probate is required depends on what assets the person owned and how those assets were titled. You may be able to avoid probate entirely if:

• All assets were jointly owned or had named beneficiaries (like life insurance, retirement accounts, or payable-on-death bank accounts)
• The estate is small—under $86,000 in 2025 with no real estate
• Everything was placed in a properly funded trust

But if the person owned property in their name alone (like a house, vehicle, or bank account), probate is usually necessary—even if there’s a will.

What Does Probate Actually Involve?

Probate typically includes:

• Filing paperwork with the court
• Appointing a personal representative (executor)
• Notifying creditors and heirs
• Gathering and valuing assets
• Paying debts and taxes
• Distributing what’s left to the rightful heirs

There are three main types of probate in Colorado:

• Informal Probate (most common): used when there are no disputes and the process is straightforward
• Formal Probate: needed if there are disagreements or questions about the will
• Small Estate Affidavit: available for very small estates under $86,000 in 2025 with no real estate

How Long Does Probate Take?

Most Colorado probate cases take between 6 and 12 months, depending on complexity. If the estate includes real estate, multiple heirs, or filing and payment of taxes, things may take a little longer, but it’s manageable with the right support.

Do You Need a Lawyer?

Not always, but often, it helps. Probate can be an emotional and administrative burden during an already difficult time. An experienced attorney can guide you through the steps, avoid common mistakes, and take tasks off your plate so you can focus on what matters most.

The Bottom Line

Probate doesn’t have to be scary or confusing. In Colorado, the process is designed to be accessible, and with the right guidance, it can be handled with compassion and clarity.

If you’re facing probate after a loss—or planning ahead to make things easier for your loved ones—we’re here to help. At Lester Law, we walk clients through every step with warmth, transparency, and flat-fee support when possible. You don’t have to do this alone.

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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.