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What Delays Probate in Colorado?

Beyond the statutory floor, these are the specific, recurring reasons a Colorado probate runs past the typical 6–12 month range.

C.R.S. Title 15, Art. 12

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the biggest delay risks in Colorado are being moved to formal probate, a disputed creditor claim, and real estate that needs to be sold. Estimate your own timeline with the Colorado probate timeline calculator.

1. Moving from informal to formal probate

The stakes: most Colorado estates use informal probate, handled by a court registrar with no hearing. But a case moves to formal probate when the will is contested, the appointment is disputed, or an interested person asks the court to order supervised administration. Formal probate goes before a judge or magistrate and generally involves more hearings, adding real time to what started out as a straightforward filing.

2. A creditor claim that gets disallowed and challenged

When the personal representative disputes a claim, they mail a notice of disallowance within 60 days of the claim deadline. The creditor then has 63 days to petition the court to challenge that decision. If they do, resolving the dispute — which can mean a hearing, evidence, and a ruling — adds time the estate wouldn't otherwise need before distributing and closing.

3. Publishing the creditor notice late

Because the 4-month creditor window is measured from first publication, not from death or appointment, a personal representative who delays publishing pushes the entire creditor period later by the same amount — and with it, the earliest date the estate can close.

4. Real estate that needs to be sold

A sale adds its own appraisal, listing, and closing timeline on top of the baseline probate schedule, regardless of which administration track the estate is on.

Facing probate in Colorado?

A local probate attorney can review your estate — many offer a free consultation.

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What delays Colorado probate — frequently asked questions

What's the single most common cause of probate delay in Colorado?

A case being moved to formal probate — typically because the will is contested, the appointment is disputed, or the court orders supervised administration on an interested person's request. Formal probate goes before a judge or magistrate and generally involves more hearings.

Does disputing a creditor claim delay Colorado probate?

Yes, potentially. After the personal representative mails a notice of disallowance, the creditor has 63 days to petition the court to challenge it. If they do, resolving that dispute can add real time before the estate is ready to close.

Does late publication of the creditor notice delay Colorado probate?

Yes. Because the 4-month creditor window runs from first publication, delaying that publication pushes the entire creditor period — and the earliest possible closing date — later by the same amount of time.

Does real estate delay Colorado probate?

Commonly, yes, when it needs to be sold. A sale adds its own appraisal, listing, and closing timeline on top of the baseline probate schedule, regardless of which administration track the estate uses.

Keep going

Colorado Probate Timeline CalculatorYour estimate, based on your answers Colorado Probate DeadlinesEvery statutory date, with citations Informal vs Formal ProbateWhich one applies to your estate Colorado Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on C.R.S. § 15-12-801, 803, 806. Whether a specific estate will actually be delayed depends on its own facts. Consult a licensed Colorado attorney about a contested or complex estate.