How probate costs work in Colorado
Probate in Colorado runs through the District Court in the county where the person lived — or, uniquely, the dedicated Denver Probate Court for Denver residents. The state follows the Uniform Probate Code and offers three tracks: the out-of-court small estate affidavit, informal probate (handled by a court registrar, no hearing), and formal probate (before a judge or magistrate for disputes). Most uncontested estates use the low-cost informal track.
Colorado keeps probate relatively affordable: a flat $229 filing fee, reasonable (not percentage) fees, and no state estate or inheritance tax.
1. Personal representative fee — reasonable, no %
On a $500,000 estate, 2% is $10,000. Family members who are also heirs often waive the fee, since it is taxable income while an inheritance is not.
2. Attorney fees — also reasonable
Colorado attorney fees follow the same reasonable-compensation standard (C.R.S. § 15-10-602), with no percentage schedule. Typical fees are $3,500–$5,000 for straightforward informal probate and $5,000–$15,000+ for formal or contested cases; hourly rates run $250–$450.
3. Court filing fee — a flat $229
4. When probate can be skipped in Colorado
- Collection of Personal Property by Affidavit (Form JDF 999) — for personal property at or below an inflation-adjusted threshold of $88,000 for 2026 deaths (C.R.S. § 15-12-1201). It needs only a 10-day wait (the shortest in the country), is not filed with a court (so it's free), and cannot transfer real estate.
- Beneficiary deeds, joint tenancy, POD/TOD accounts — pass assets outside probate.
A revocable living trust avoids probate entirely. Note: Colorado has no estate tax and no inheritance tax.
| Cost component | Colorado figure | Source |
|---|---|---|
| Personal representative fee | Reasonable (no statutory %); ~1.5–3% | § 15-12-719 |
| Attorney fee | Reasonable; ~$3,500–$5,000 informal | § 15-10-602 |
| Court filing fee | Flat $229 ($199 + $30) | § 13-32-102 |
| Small estate limit (2026 deaths) | $88,000 (inflation-adjusted) | § 15-12-1201 |
| State estate / inheritance tax | None | Colorado DOR |