Probate representation grounded in over 40 years of work on behalf of clients in Colorado.

If you have been named to settle a loved one’s estate in Colorado, the role brings a set of legal responsibilities that few people are prepared for. Our Colorado probate lawyer at W.B. Moore Law guides personal representatives, executors, and families through the probate process from the first filing to the final distribution. Contact our office to start the conversation.

Probate Lawyer Colorado

Probate is the court-supervised process of settling a deceased person’s estate. It confirms the validity of a will if one exists, appoints someone to manage the estate, sees that debts and taxes are paid, and oversees the distribution of what remains. In Colorado, probate is generally required when the decedent owned assets in their own name alone, without a beneficiary designation or joint owner to transfer title automatically.

Not every asset triggers probate. A life insurance policy with a named beneficiary passes outside probate. A bank account held jointly with a right of survivorship does too. But a house titled only in the decedent’s name, or a solely held investment account, typically has to go through the process. Sorting out which category each asset falls into is one of the first things a personal representative needs to understand, and a Colorado probate attorney helps families do exactly that before the work begins.

The state allows probate to proceed informally or formally. Informal probate is the more common path, requiring less court contact and moving more quickly. Formal probate becomes necessary when a will is contested, heirs disagree, or the circumstances call for closer court supervision.

Types of Probate Cases We Handle in Colorado

W.B. Moore Law works with clients across the full range of probate matters. The services we provide include the following.

Informal probate. When the estate is straightforward and the heirs agree, informal probate lets the personal representative act without court hearings. We prepare the filings, help the representative meet their obligations, and keep the timeline on track. Our post on how to file probate covers the starting point.
Formal probate. Some estates require court involvement throughout. That includes contested wills, disputed debts, and disagreements among beneficiaries over the distribution of assets. We handle contesting a will and represent clients through formal proceedings.
Small estate administration. Colorado allows certain estates to skip full probate through an affidavit procedure, as long as the estate falls under specific value thresholds and includes no real property. For families who qualify, it saves considerable time and cost. We help families determine whether the option is available to them.
Intestate estates. When someone dies without a will, state law decides who inherits and in what shares. We guide representatives through probate without a will and explain how the rules of intestate succession apply to a given family’s circumstances.
Creditor claims and estate debts. A personal representative has duties around notifying creditors and paying valid claims before distributing anything. Errors here create personal liability. We help executors work through handling creditor claims carefully.
Will contests and disputes. Family disagreements sometimes escalate into formal challenges over the validity of a will or the conduct of a personal representative. We represent clients on both sides of will contests and work to resolve estate disputes as efficiently as the circumstances allow.

Why Choose W.B. Moore Law as My Probate Attorney in Colorado?

Four Decades of Practice Across the State

Probate has a way of pulling in every other area of law at once, and attorney W.B. Moore has worked across all of them. Since beginning practice in 1982, he has handled estate planning, probate, tax, and business law, drawing on a J.D. from UCLA School of Law and bar admissions in Colorado (2002) and New York (1984). A single estate can raise tax questions, creditor disputes, and family conflict in the same week, and that range is what the work demands.

Earlier in his career he taught Legal Issues in Entrepreneurship at the University of Illinois as a law professor, and he has since advised other Colorado law firms on probate and estate matters. He is a member of the Colorado Bar Association.

The firm also handles the planning side. As an estate planning lawyer in Colorado, we help families build the documents that keep future estates out of lengthy probate in the first place.

Support That Personal Representatives Actually Need

Serving as a personal representative is a legal role with real obligations, and most people take it on with no prior experience and little warning. The work arrives at a difficult moment and comes with court deadlines, creditor notices, and tax filings that have to be handled correctly.

We work with representatives from the outset, explaining the role, flagging where liability tends to arise, and handling the legal work so they can attend to the parts that genuinely require them. A personal representative who distributes assets before settling valid creditor claims, for example, can end up personally responsible for the shortfall. That includes clarifying what assets go through probate versus what passes outside it, and what to do when assets appear to be missing. The early steps set the tone for everything that follows.

Colorado Probate Infographic

Understanding Probate Cases

The Probate Process and Key Concepts

Colorado probate is governed by Title 15 of the Colorado Revised Statutes. The core steps a personal representative works through are:

Opening the estate. The personal representative files a petition with the district court in the county where the decedent lived. The court then appoints the representative and admits the will to probate if one exists.
Inventory and valuation. The representative identifies all probate assets (real estate, accounts, investments, personal property, and business interests) and determines their value as of the date of death.
Creditor notification. The representative notifies known creditors and publishes notice in a local newspaper. Creditors then have a limited window to file claims against the estate.
Payment of debts and taxes. Valid claims, final income taxes, and any estate taxes must be settled before assets are distributed.
Distribution and closing. Assets pass to beneficiaries under the will, or to heirs under intestacy law, and the representative then files closing documents with the court.

What Are Important Aspects of a Probate Case?

A handful of factors consistently shape how a probate case unfolds.

Whether a valid will exists is the first. How major assets are titled is the second. Outstanding debts or litigation against the estate complicate matters considerably. So does friction among heirs, which can turn a straightforward administration into a contested proceeding that runs for years and drains the estate of value that should have gone to beneficiaries. A representative who grasps these variables early is in a far stronger position than one who stumbles into them midway through.

What Is the Probate Case Timeline?

Informal probate of a simple estate usually runs four to six months in Colorado. Formal proceedings, contested matters, and estates with out-of-state property take longer. A general timeline looks like:

Filing and opening the estate with the district court
Appointment of the personal representative
Asset inventory completed within three months of appointment
The creditor notification period, during which claims may be filed
Payment of valid debts and tax obligations
Distribution to beneficiaries and filing of closing documents

What Should You Bring to Your Probate Consultation?

Most representatives have never settled an estate before, and the first meeting covers a lot of ground quickly. Coming prepared shortens that conversation. Plan to bring:

The original will, if one exists, or confirmation that none has been found
A certified death certificate
A general list of known assets and liabilities
Contact information for known heirs, beneficiaries, and creditors
Any prior court correspondence or documents related to the estate

What Are Important Colorado Legal Resources for Probate Cases?

Probate in Colorado is governed by Title 15 of the Colorado Revised Statutes. Families anywhere in the state can use these resources to understand the framework before or during the process.

The Colorado General Assembly publishes the full Colorado Revised Statutes, where Title 15 sets out the rules for probate, trusts, and fiduciaries.
Step-by-step guidance on opening a probate case, along with the necessary court forms, is available from the Colorado Judicial Branch.
Title 15, Article 12 on Justia translates the probate and administration provisions into more accessible language.
Anyone wanting to confirm an attorney’s license can check with the Colorado Bar Association.

Reach Out to W.B. Moore Law to Schedule a Consultation

Probate runs on court-imposed deadlines, and missing them as a personal representative creates problems that are difficult to reverse. W.B. Moore Law works with executors and families across Colorado to keep the process on track, manage creditor and tax issues before they escalate, and resolve disputes without leaving the representative personally exposed. Contact us to set up a consultation.

Probate Statistics in Colorado

Probate takes up a larger share of Colorado’s court docket than most families expect. District courts across the state received 17,939 probate filings in fiscal year 2024, and probate made up 9 percent of all district court cases. Each of those filings represents a family working through paperwork, deadlines, and decisions during a period when few people are at their sharpest.

Where the case gets filed depends on where the person lived. Colorado handles probate through the district court in each county, with one exception. Denver has a separate probate court established under the state constitution, and it is the only standalone probate court in the state. Everywhere else, the same district court that hears felony trials also handles estates. Our Colorado probate attorney works in courts across the state and adjusts to the practices of each.

Colorado district courts recorded 17,939 probate filings in fiscal year 2024, according to the Judicial Branch annual statistical reports.
Probate accounted for 9 percent of district court filings in fiscal year 2024, compared with 7 percent in fiscal year 2015.
Statewide probate filings grew from 15,728 in fiscal year 2015 to 17,939 in fiscal year 2024.
The Denver Probate Court alone took in 2,078 probate filings in fiscal year 2024.
Larimer County district court recorded 1,017 probate filings during the same year, and Weld County recorded 1,028.

Key Documents You’ll Need for Your Colorado Probate Case

Most delays in probate trace back to a missing piece of paper rather than a legal dispute. Gathering the right records early shortens the process and reduces the number of trips a personal representative has to make. Below are the documents we ask clients to collect first.

Certified death certificate. The court and nearly every financial institution will want a certified copy rather than a photocopy. Order several at once. Banks, insurers, and title companies each keep the copy they receive, and requesting additional copies later adds weeks to an already slow process.
The original will. Courts want the signed original, and a photocopy raises questions that take time to answer. If the original cannot be found, the estate may be treated as though no will existed, which changes who inherits and how the case proceeds.
A list of heirs and beneficiaries. Names, current addresses, and relationships are needed for the notices the court requires. Missing addresses are a common source of delay, particularly when relatives have moved or lost contact with the family. Start this list early, because tracking people down takes longer than gathering financial records.
Deeds for real property. Deeds establish how the property was titled, which determines whether it passes through the estate at all. Titling also affects whether the personal representative can consider selling a house before the case closes.
Bank and investment statements. Recent statements establish account balances as of the date of death and reveal accounts nobody knew about. They also show automatic payments that need to be stopped.
Beneficiary designation forms. Retirement accounts and life insurance transfer by designation and generally do not go through probate. Confirming who is named on each form prevents the estate from paying out something it never controlled.
Vehicle titles and registration. Cars, trailers, and recreational vehicles each need title work before they can be transferred or sold. Colorado offers a simplified path for some vehicles, which is worth checking before treating them as ordinary estate assets.
Outstanding bills and creditor notices. Medical bills, credit card statements, and loan documents establish what the estate owes. Colorado sets a defined window for creditor claims, and knowing how creditors in Colorado probate are prioritized keeps the personal representative from paying the wrong party first.
Recent tax returns. The last two or three years of returns identify income sources, deductions, and property that might otherwise be overlooked. They also establish what final returns the estate still owes, which is one of the obligations a personal representative cannot skip.
Business ownership records. Operating agreements, partnership documents, and buy-sell provisions govern what happens to a business interest. These often contain terms that override what the will says about the same asset.

Colorado Probate Lawyer FAQs

Does every estate in Colorado have to go through probate?

No. Whether an estate needs probate depends on what the person owned and how it was titled. Jointly held property, accounts with named beneficiaries, and assets held in trust generally transfer without court involvement. We look at the full asset list to determine whether the estate needs probate before anyone files anything.

Where is probate filed in Colorado?

Probate is filed in the district court for the county where the person lived at the time of death. Denver is the exception, with its own probate court. If the person owned real property in another county, additional filings may be needed there.

What is the difference between informal and formal probate?

Informal probate moves through the clerk’s office with limited judicial involvement and suits estates where the will is clear and nobody objects. Formal probate involves hearings before a judge and is used when there is a dispute or a question about who should serve. Most estates take the court track that requires the least court time.

Can a personal representative be paid?

Yes. Colorado permits reasonable compensation for the work of administering an estate, and the personal representative may also be reimbursed for expenses paid out of pocket. Whether to take compensation is a personal decision, and family members often decline it. We help clients decide who should serve as personal representative and what the role actually demands.

What if the person named as personal representative does not want to serve?

They can decline. The will usually names an alternate, and the court appoints that person instead. If no alternate is named or willing, the court follows an order of priority among interested persons. Declining early is better than abandoning the role partway through.

Are there shortcuts for smaller estates?

Colorado provides a simplified procedure for estates below a certain value that contain no real property. It relies on a sworn affidavit rather than a full court case and can resolve matters in weeks. Whether an estate qualifies for the small estates shortcut depends on the total value and the type of assets involved.

What happens to the decedent’s debts?

Debts are paid from estate assets before anything is distributed to heirs. Family members are generally not personally responsible for a relative’s debts, though there are exceptions for jointly held obligations. How debt is handled after death is one of the first questions we address, because distributing too early creates personal exposure for the representative.

What if the decedent owned property in another state?

Real property is governed by the law of the state where it sits, so a second proceeding is often required there. This is usually a shorter, ancillary case that runs alongside the Colorado administration. Handling probate for out-of-state property takes coordination but rarely delays the process significantly.

What can be done if estate assets are missing?

Assets sometimes disappear before the case opens, whether through an emptied account or property removed from the home. The court has tools to compel disclosure and recover what belongs to the estate. Cases involving assets that are missing or hidden require prompt action, since records grow harder to trace.

Can a beneficiary challenge the will during probate?

Yes, though the grounds are narrower than most people assume. Disappointment with a distribution is not itself a basis for a challenge. Contesting a will requires evidence of a problem with the document or its signing, and deadlines apply once probate opens.

Important Resources for Colorado Probate Cases

What Are Important Colorado Legal Resources for Probate Cases?

The rules governing Colorado probate are public, and several official sources let you read them directly. These are places to find the law rather than substitutes for advice about a particular estate.

The Colorado Revised Statutes contain the state’s full probate and trust provisions.
The Colorado Judicial Branch publishes self-help resources covering estates and court procedure.
Court-approved probate forms and instructions are available at no cost through the same branch.
The IRS explains federal filing obligations for executors on its estate tax pages.
The Judicial Branch annual reports publish caseload data for every judicial district in the state.

What Are Important Local Resources for Colorado Probate Cases?

Several state offices come up repeatedly while an estate is being administered.

Denver Probate Court, 1437 Bannock Street, Room 230, Denver, (303) 606-2303
Colorado Judicial Branch probate forms and court information, (720) 625-5000
Colorado Vital Records for certified death certificates, (303) 692-2200
Great Colorado Payback, the state unclaimed property program, (303) 866-6070

W.B. Moore Law provides this list for convenience only. We do not endorse these offices, receive anything from them, or take responsibility for the services they provide.

About W.B. Moore Law

W.B. Moore Law is led by its founder, who earned his law degree from UCLA School of Law and holds bar admissions in New York and Colorado. He once taught legal issues in entrepreneurship as a professor at the University of Illinois, helping students and faculty launch and fund businesses. He belongs to the Colorado Bar Association and has handled probate and estate matters for more than forty years.

What Our Clients Say

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“I can’t recommend Bill highly enough. He is extremely knowledgeable, approachable, and easy to work with. Probate was a completely new and confusing process for me, but he took the time to explain everything clearly and made each step feel manageable. He was always patient, responsive, and willing to answer my questions, which gave me a lot of confidence throughout the process. If you’re looking for an attorney who is both highly skilled and genuinely cares about helping his clients, I would absolutely recommend him.” Marie Sorensen

Additional Resources for Colorado Probate Cases

Contact W.B. Moore Law

Serving as a personal representative is an important job, and you do not have to manage the responsibilities alone. Bring what you have gathered so far, even if it is incomplete, and we will tell you what the estate requires and in what order. Our Colorado probate attorney also handles the planning side as a will attorney, trust attorney, and estate law attorney. Contact us to schedule a consultation, and we will find a time that works for you.