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Living trust or probate

Colorado

A funded revocable living trust lets the successor trustee handle assets titled to the trustee. Property left in your own name can still be a probate matter in Colorado.

CourtDistrict Court, or Denver Probate Court in Denver

Where the estate is opened.

Small-estate figure$88,000

Only if the statute's conditions are met. Read the section below.

Living trust or probate

A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.

At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.

The probate path

In Colorado, the estate is opened in the District Court, or Denver Probate Court in Denver.

Colorado Judicial Branch probate forms are captioned for District Court or Denver Probate Court. Informal probate instructions say the probate registrar appoints the personal representative instead of the judge, and that the Information of Appointment must be given within 30 days of appointment. A proposed probate-rule draft on the judicial branch site says the probate rules govern procedure in the probate court for the city and county of Denver and in district courts when sitting in probate. The opened materials do not set out creditor-claim or final-distribution deadlines.

Source: Colorado Judicial Branch, Information of Appointment, informal probate instructions

Fees

In Colorado, probate compensation is reasonable compensation under the statute linked below.

Colorado Revised Statutes section 15-12-719, Compensation of personal representative, is repealed. Section 15-10-602(1) says a fiduciary and his or her lawyer are entitled to reasonable compensation for services rendered on behalf of an estate. The court determines reasonableness, and a person who receives excessive compensation must make an appropriate refund.

Source: Colorado Revised Statutes section 15-10-602, Recovery of reasonable compensation and costs

Calculator

Probate cost

The result is the statutory schedule on this page applied to the amount you enter.

a figure you want to compare with the small-estate amount on this page

Small estate

Colorado's small-estate figure on this page is $88,000 when the statute's conditions are met.

Section 15-12-1201 allows collection of personal property by affidavit at any time ten or more days after death. The affidavit must state that the fair market value of property owned by the decedent and subject to disposition by will or intestate succession at the time of death, wherever located, less liens and encumbrances, does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112. The Colorado Department of Revenue form DR 2712, revised 04/30/26 and published 05/01/26, prints the adjusted caps, including year of death 2026 is $88,000 and year of death 2025 is $86,000. The form also states that at least ten days have elapsed and that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.

Source: Colorado Department of Revenue form DR 2712, Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding

Questions

The answers use the same statute and court pages as the sections above.

Does a living trust avoid probate in Colorado?

A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.

What is the small-estate procedure in Colorado?

Section 15-12-1201 allows collection of personal property by affidavit at any time ten or more days after death. The affidavit must state that the fair market value of property owned by the decedent and subject to disposition by will or intestate succession at the time of death, wherever located, less liens and encumbrances, does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112. The Colorado Department of Revenue form DR 2712, revised 04/30/26 and published 05/01/26, prints the adjusted caps, including year of death 2026 is $88,000 and year of death 2025 is $86,000. The form also states that at least ten days have elapsed and that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.

How are probate fees set in Colorado?

Colorado Revised Statutes section 15-12-719, Compensation of personal representative, is repealed. Section 15-10-602(1) says a fiduciary and his or her lawyer are entitled to reasonable compensation for services rendered on behalf of an estate. The court determines reasonableness, and a person who receives excessive compensation must make an appropriate refund.

Sources

These are the statute and court pages used above.

TaxFreeTrusts

TaxFreeTrusts writes the guides on this site and drafts the will and living trust packets at the prices posted on the page. Dollar figures in the guides are copied from the statute, IRS page, or court site linked beside them.