01
Did they have a will?
If yes, informal probate is usually fine. If no, Colorado's intestacy statutes decide who gets what. Either way, somebody has to open the case.
Practice Area · Colorado Probate
Colorado probate, handled with care.
Colorado has three flavors of probate (informal, formal, and ancillary) and small-estate procedures that may let you skip court entirely. We’ll tell you which one you’re in, and then we’ll walk it through.
Why Probate Is Hard
Five questions that decide which path you’re on.
The answers shape the next steps. We’ll work through them with you in the first meeting and tell you exactly which kind of probate you’re facing.
02
Is everyone going to agree?
If yes, informal probate keeps the costs lower. If not, the case may need to move to formal probate, and you'll want litigation counsel for the contested portion. We'll point you to attorneys we trust for that work.
03
How big is the estate?
When there is no real estate and personal property falls below Colorado's small-estate threshold ($88,000 for dates of death in 2026, adjusted annually for inflation) you may not need probate at all. A small-estate affidavit can handle it.
04
Is real estate in another state?
A Colorado decedent owning a condo in Arizona means a second probate in Arizona. Ancillary probate handles it without re-opening the whole case.
05
Could the case turn contested?
Will contests, removal actions, and creditor disputes turn ordinary probate into litigation, work we don't take on. We'll flag the warning signs early and refer you to a probate litigator we trust before the case goes off the rails.
Not sure whether you need to file?
One free conversation will tell you whether probate is required, and if so, which kind fits your situation. We’ll walk you through it.
Book a Consultation Services Within Colorado Probate
Everything we do under this practice area.
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Informal Probate
When everyone agrees and the will is clean. The fastest, cheapest way to settle a Colorado estate that has to go through court.
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Formal Probate
When the court has to make a judicial determination: heirship, an unclear will, missing documents, or hard-to-find beneficiaries. Procedural work we handle; contested matters we refer.
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Ancillary Probate
For out-of-state decedents who owned Colorado real estate, or Colorado decedents with property elsewhere. We handle the secondary case.
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Personal Representative Duties
If you've been named executor or Personal Representative, this is what you've signed up for, and how we help you do it without making it your second job.
“I had the privilege of working with Ben Patterson during my estate planning process, and I couldn’t be more satisfied. He demonstrated a deep understanding of estate planning laws. The explanations were clear, concise, and tailored to my specific needs. I felt confident throughout the entire process. He took the time to listen, answer my questions, and address any concerns. I appreciated his empathy and patience. The guidance was invaluable, and I highly recommend Ben.”Read full review on Google →
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A free consultation. No obligation.
Just need to know if you have to file?
One free consultation. We'll tell you which probate path you're on, or whether you can skip it entirely.