Probate Attorney in Longmont, Colorado
If someone you love has passed away and you're not sure what comes next, we can help. Colorado's probate process involves specific steps, deadlines, and legal filings — and we'll walk you and your family through every one of them.
Informal and Formal Probate
Small Estate Affidavit Process
Executor Guidance and Support
Intestate Estate Administration
Colorado Probate Court Filings
Free 30-Minute Consultations
How Colorado's Probate Process Works
Probate is the court-supervised process of settling a person's estate after they die — validating the will if there is one, paying off debts and creditors, and distributing what remains to the rightful heirs.
Colorado distinguishes between two types of probate: informal and formal.
Informal probate is the more common path. It's used when the will is clear, the heirs are in agreement, and there are no contested issues. It's also less expensive and significantly faster — an uncomplicated informal probate in Colorado can close in as few as six months. The executor manages most of the process with court oversight limited to the beginning and end of the proceeding.
Formal probate is required when there's a dispute — a contested will, disagreements among heirs, or questions about the validity of the estate documents. It involves more court supervision and typically takes longer to resolve.
An estate planning attorney can guide you through whichever process applies and help you avoid the missteps that extend timelines and increase costs.
The Small Estate Affidavit — A Simpler Option for Qualifying Estates
Not every Colorado estate has to go through formal probate. If the total value of the estate's probate assets is below approximately $80,000, the heirs may be able to use a simplified process called a small estate affidavit — sometimes called a collection affidavit — to transfer assets without opening a full probate case.
This is one of the most commonly searched probate topics in Colorado, and one of the most misunderstood. The affidavit process has specific requirements: the right waiting period must have passed, the assets must qualify, and the form must be completed correctly. Used correctly, it can save families significant time and expense.
We've written a full breakdown of how Colorado's small estate affidavit process works. If you're not sure whether it applies to your situation, a consultation will give you a clear answer.
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What We Handle for Executors and Families
Serving as executor of someone's estate is a significant legal responsibility — and most people have never done it before. The role involves specific duties, specific deadlines, and specific liability if steps are missed or completed out of order.
McGann Law Group helps executors and families with:
- Filing the will and opening the probate case with the appropriate Colorado court
- Notifying beneficiaries, heirs, and creditors as required by Colorado law
- Inventorying and appraising estate assets
- Managing and paying valid creditor claims
- Handling estate accounts and asset management during the proceeding
- Filing the final accounting and closing the estate
- Distributing assets to beneficiaries according to the will or Colorado law
You're not required to have an attorney to open a Colorado probate case. But the executor is personally responsible for completing each step correctly — and mistakes can create personal liability. Having legal guidance through the process protects both the estate and the person serving as executor.
If There Was No Will
When someone dies without a will, their estate is called intestate. Colorado's intestacy laws then determine who inherits — following a statutory formula based on family structure, not on what the person would have wanted.
For some families, the intestacy outcome is straightforward. For others — particularly blended families, unmarried couples, or situations where the deceased had specific wishes that weren't documented — the default rules can produce results that are unexpected and difficult to dispute.
Navigating probate without a will is often more complicated than navigating it with one. There's no named executor, no distribution instructions, and frequently more potential for family disagreement. We've helped many Colorado families work through exactly this situation.
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Can Probate Be Avoided Altogether?
In some cases, yes. Assets held in a properly funded revocable living trust pass directly to beneficiaries without going through probate. Accounts with named beneficiaries — retirement accounts, life insurance, payable-on-death accounts — also transfer outside of probate. Transfer-on-death deeds can keep real estate out of probate as well.
Probate avoidance requires planning done before death, not after. If your family is currently in probate, the time for that planning has passed — but for anyone who isn't, it's worth understanding what options exist.
We cover the most common ways to avoid probate in Colorado here.
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"Nicole met me at my home to create an estate plan and make things easier for me. She walked through every document and explained the reasoning behind each choice."
— Sylvia H.
Frequently Asked Questions About Probate in Colorado
How does probate work in Colorado?
Probate is the court-supervised process of settling an estate after someone dies. It involves filing the will with the appropriate Colorado court, notifying heirs and creditors, inventorying assets, paying valid debts, and distributing what remains. Colorado offers informal probate for uncomplicated estates, which requires less court involvement and typically moves faster than formal probate. An executor manages most of the process with court oversight at the opening and closing of the case.
What is the small estate affidavit process in Colorado?
Colorado allows heirs to transfer assets from smaller estates — those with probate assets valued below approximately $80,000 — using a simplified affidavit process instead of opening a full probate case. The affidavit must meet specific requirements: a waiting period must have passed, the assets must qualify, and the form must be completed correctly. When it applies, it's significantly faster and less expensive than standard probate. We've put together a full breakdown of how the process works and what qualifies.
How long does probate take in Colorado?
It depends on the type of probate and the complexity of the estate. Informal probate for an uncomplicated estate can close in as few as six months in Colorado. Formal probate — used when there are disputes or contested issues — typically takes longer. Estates with significant assets, multiple creditors, out-of-state property, or heir disagreements add time regardless of which process applies. Having an attorney manage the process and keep filings on schedule can meaningfully reduce the timeline.
What is informal probate in Colorado?
Informal probate is Colorado's simplified probate track for estates where the will is valid and uncontested, heirs are in agreement, and there are no disputed issues. It involves less court supervision than formal probate — the court is involved at the opening and closing of the case, but the executor manages the process in between with attorney guidance. Most Colorado estates qualify for informal probate. For a full comparison of the two tracks, see our post on informal vs. formal probate.
Do I need a probate attorney in Colorado if there's a will?
Colorado doesn't require an executor to hire an attorney to open a probate case. What an attorney provides is guidance through a process most executors have never navigated before — one that involves specific legal filings, deadlines, creditor notification requirements, and personal liability if steps are missed. For many families, the cost of legal guidance is offset by the time saved, the mistakes avoided, and the protection it provides to the executor personally.
When does probate have to be filed in Colorado?
Colorado law requires that a will be filed with the appropriate district court within ten days of the testator's death. Opening the probate case itself has a longer window — up to three years in most situations — but waiting too long can complicate asset management, creditor claims, and beneficiary notifications. Filing promptly also starts the clock on the creditor claim period, which affects how quickly the estate can close.
Can you avoid probate in Colorado?
Yes, with planning done in advance. A properly funded revocable living trust is the most comprehensive way to keep assets out of probate. Individual assets can also be structured to avoid probate through beneficiary designations, joint tenancy with right of survivorship, payable-on-death accounts, and transfer-on-death deeds for real estate. For a full breakdown of the options, see our guide to avoiding probate in Colorado.
Get Clear Guidance Through the Probate Process
You don’t have to navigate probate alone while managing everything that comes with losing a loved one. In a free consultation, Nicole can explain what the probate process requires, what she can handle on your behalf, and the steps needed to move the estate forward.