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Colorado probate · Dying without a will

Dying without a will in Colorado: intestate succession & what happens

With no will, Colorado's intestate succession statute (C.R.S. § 15-11-101) determines who inherits, and the court appoints a personal representative. The small-estate affidavit still applies. Kindred handles the administration either way.

Common questions

Do I need a lawyer for probate in Colorado?

No — Colorado's informal probate process is designed to be handled by the personal representative without an attorney, and small estates can skip probate with an affidavit. Kindred handles the administration for a flat fee. If a formal or contested proceeding arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.

How much does probate cost in Colorado?

No statutory percentage fee — attorneys typically bill $250-$400/hour or a flat fee. Filing fees run about $200-$300. Estates under $74,000 can use a small-estate affidavit to avoid probate entirely. These are illustrative figures; actual costs vary by estate.

How long does probate take in Colorado?

An informal probate typically runs 6 to 12 months. Creditors have 4 months from publication of notice to file claims. Informal probate is handled by a registrar (not a judge), so there are no hearings for uncontested estates — the timeline is mostly administrative work.

What is Colorado's small estate limit?

Personal property up to $74,000 (indexed for inflation) can be collected with a small-estate affidavit 10 days after death — no court case. Real property may pass through a beneficiary deed if one was recorded. We can tell you whether your estate qualifies.

More on Colorado probate

Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.

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