Losing a loved one is hard. The last thing any family needs in this situation is to get tangled up in a legal process they didn’t see coming, or to make a mistake that costs them time, money, or their relationships.
Estate probate (also known as estate administration) sounds complicated and it can be, but in Colorado, the process is more user-friendly than many people realize. The main challenges that arise for families are about not knowing the rules until something has gone wrong.
We are hosting a free lunchtime webinar on July 14th with elder law attorney Kate Silburn, who will walk you through exactly how probate works, what’s expected of the person managing the estate, and why you shouldn’t try to do it without an attorney’s help.
What Is Probate And Do You Need It?
When someone dies, their estate doesn’t simply transfer to their loved ones automatically. Assets held solely in the decedent’s name need to go through a legal process called probate, which allows the estate’s assets to be collected, debts to be paid, and remaining assets to be distributed to the right people. Probate in Colorado can cost from $10,000-$15,000 for an uncontested estate.
In Colorado, probate is generally required when the total value of those assets exceeds $88,000 (in 2026) or when the estate includes real estate. For smaller estates under that threshold and with no real property, there’s a simpler path called a small estate affidavit. And if there’s a will, that will must be formally probated to be legally effective, even if the family agrees on how things should be divided.
The good news is that Colorado’s probate system is designed to be navigable. It’s not something families should be alarmed by. But “navigable” doesn’t mean you should DIY.
The Personal Representative: More Responsibility Than People Expect
The person appointed to manage an estate (formerly called an executor, now known in Colorado as the Personal Representative) takes on a significant legal role. Once probate is opened, the court issues letters of authority that allow them to access accounts and assets. And that’s where their responsibilities start.
The Personal Representative is legally required to notify all interested persons of probate. That means anyone named in the will, or anyone who would have inherited under Colorado’s intestate succession laws if no will existed. They must provide a full inventory of the estate’s assets and, if requested, a detailed accounting of its finances. And critically, the probate case must remain open for at least six months following the date of death.
Many families don’t realize that closing probate matters just as much as opening it. If a case closes administratively rather than formally, the Personal Representative can remain personally liable for future claims against the estate, indefinitely. A formal closure eliminates that exposure.
These are exactly the kinds of details that are easy to overlook when you’re grieving and trying to do right by someone you love.
Where DIY Probate Can Go Wrong
Handling an estate without legal guidance isn’t impossible, and many county courthouses do offer self-help resources. But there are legal pitfalls that even well-intentioned families stumble into.
- Filing probate incorrectly: If probate is filed incorrectly, estate assets can be frozen. This means surviving spouses and dependents may be left waiting for a long time to access funds.
- Fiduciary errors during probate: Personal Representatives (formerly called executors) in Colorado are fiduciaries. If a mistake (such as failing to secure property, missing tax deadlines, or improperly distributing assets) causes the estate to lose money, the executor can be held personally liable and forced to reimburse the estate out of their own pocket.
- Missing deadlines: Missing strict deadlines like initiating probate, or filing the asset inventory within specific timeframes can result in fines, dismissed filings, and required court hearings that drain estate funds.
- Tax or creditor problems: Not publishing or mailing required creditor notices correctly extends the time creditors have to file claims, which can tie up the estate. Moreover, unpaid estate or income taxes and improper asset valuation can trigger IRS and state penalties, severely reducing what is left to inherit.
Also, getting probate wrong opens the door for disgruntled family members to file civil lawsuits, contest the will, or accuse the executor of a breach of fiduciary duty. It’s not worth it.
Join Us For A Practical Conversation About Probate in Colorado
If you’re currently managing an estate, anticipating that responsibility, or simply want to understand how this process works before you need it, this webinar is for you.
Kate Silburn, elder law attorney at Rocky Mountain Elder Law, will cover:
- How Colorado’s probate process works and why it’s less intimidating than you might think
- The responsibilities of a Personal Representative, from opening to formal closure
- The common mistakes families make when handling an estate without legal support
- When probate is required, and what your options are if the estate is small
Kate has both legal expertise and an understanding of the emotional weight these situations carry. Her goal is to make sure you have what you need to protect your loved one’s wishes and your family relationships.
Register for the webinar
If you’ve recently lost someone and are figuring out your next steps, you may also find these resources helpful:
