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November 17, 2025 Posted In Probate, Estate, & Trust Administration
by Colorado Estate Matters
Losing a parent brings a flood of emotions, and figuring out what to do when someone dies in Colorado often feels impossible during those first difficult days. Many Lakewood families find themselves suddenly facing unfamiliar legal territory while still processing grief.
Colorado’s probate process follows a logical sequence. Understanding the first five steps gives you a clear path forward during an overwhelming time.
The checklist after a death in Colorado begins with death certificates. These documents unlock everything from closing bank accounts to transferring vehicle titles.
Most families underestimate how many certified copies they require. Banks, insurance companies, and government agencies each demand their own original.
Order at least 10 certified copies through the Colorado Department of Public Health and Environment. Ordering extras now saves frustration later when another institution requests one.
Lakewood families have several options. The funeral home often handles the initial request as part of their services.
You may also order directly from Jefferson County Vital Records or the state office. Processing typically takes one to two weeks.
Starting the probate process requires the original signed will—not a copy. Courts treat original documents differently for important legal reasons.
Many parents keep important papers in predictable locations. The following places often yield estate planning documents:
If no will exists, Colorado’s intestate succession laws determine how assets pass to surviving family members.
The Jefferson County District Court, Probate Division requires original wills because copies raise questions about revocation. A missing original sometimes creates a presumption that the person destroyed it intentionally.
Not everything your parent owned requires court involvement. Understanding this distinction reduces both timeline and complexity.
Certain property transfers automatically to surviving owners or named beneficiaries. These non-probate assets include:
Beneficiary designations override any contrary instructions in the will.
Property owned solely in the deceased’s name must pass through probate. This includes individually titled real estate and vehicles without TOD designations.
Creating an inventory helps determine whether the Colorado small estate affidavit might apply.
Colorado offers several probate options depending on estate size and complexity.
Estates with personal property under $90,000 and no real estate may qualify for the small estate affidavit under C.R.S. § 15-12-1201. This simplified procedure avoids formal court proceedings.
The affidavit becomes available 10 days after death. This option works well when primary assets passed outside probate through beneficiary designations.
Most Jefferson County estates proceed through informal probate, which involves less court oversight. A registrar reviews the application without a hearing.
Formal probate becomes necessary when disputes exist or the will’s validity faces challenges. This process involves hearings and takes considerably longer.
The Jefferson County District Court (First Judicial District) handles probate for Lakewood residents. Filing may occur online through the Colorado Courts E-Filing system or in person.
Required documents include the original will, certified death certificate, and appropriate petition forms. Filing fees are currently about $199 statewide.
The personal representative holds legal authority to manage the estate. This appointment requires court approval.
Colorado law establishes a priority list. The person named in the will receives first preference. Surviving spouses and adult children follow.
Someone from out of state may serve, though a local co-representative sometimes simplifies court appearances and document signings.
Once a personal representative is appointed, the court issues official letters proving their authority. If a will exists, the court issues letters testamentary. Without a will, the court issues letters of administration.
Banks and title companies require these letters before releasing assets. Keep several certified copies available.
Even simple informal probate cannot close before the four-month creditor period ends under C.R.S. § 15-12-801. Most cases take six months to a year.
Contested wills, unclear beneficiary designations, and hard-to-locate assets add time. Working with an attorney who handles fiduciary litigation proves valuable when family conflict seems likely.
Personal representatives must publish notice in a local newspaper and contact known creditors. Creditors must file claims within four months of publication or one year from death, whichever occurs first.
The estate—not surviving family members—bears responsibility for valid debts. Creditors receive payment before beneficiaries. Children generally do not inherit their parent’s debts personally.
Banks freeze accounts upon learning of a death. Access requires joint account status, a small estate affidavit (available 10 days after death), or letters testamentary from the probate court.
Colorado’s intestate succession laws determine inheritance. The probate process remains similar, though the court issues letters of administration rather than letters testamentary.
Real estate owned solely by the deceased typically requires probate. Jointly owned property with survivorship rights transfers automatically. A beneficiary deed filed before death also avoids probate.
The days after losing a parent bring enough difficulty without legal confusion. Colorado Estate Matters, Ltd. helps Lakewood families understand their options and move through probate with less stress.
Attorney Justin Blow combines legal knowledge with an investigative background, which is valuable for locating assets or addressing disputes. Contact Colorado Estate Matters at (303) 713-9147 for a free consultation.