Step-by-step guide to handling a parent’s estate in Colorado

This FAQ-style guide explains, in plain language, the common steps to handle a mother’s estate under Colorado law. It assumes you are starting with no legal background. This is general information only and is not legal advice. For specific legal guidance about your situation, consult a Colorado probate attorney.

Detailed answer: What you need to do, step by step

1. Confirm death and gather immediate documents

Start by obtaining multiple certified copies of the death certificate from the funeral home or county vital records office. Collect the original will (if any), any safe-deposit box information, recent bank statements, retirement account statements, life insurance policies, property deeds, and tax returns. These documents let you identify assets, liabilities, and whether a will names a personal representative (often called an executor).

2. Read the will and determine whether probate is needed

If your mother left a will, it often names a personal representative to carry out the estate administration. If there is no will, Colorado law provides for intestate succession. Not every estate requires probate—some assets pass outside probate (joint accounts, beneficiary-designated retirement plans, payable-on-death accounts, or small estate procedures). See Colorado Revised Statutes (Title 15) for probate and fiduciary rules: https://leg.colorado.gov/statutes.

3. Decide who will act as personal representative and file in probate court if required

To begin formal probate in Colorado, the named personal representative (or an interested person if there is no will) files a petition in the county court where the decedent lived. The court issues letters testamentary or letters of administration that give legal authority to collect assets, pay debts, and distribute the estate. If the estate is small, Colorado may allow simplified procedures—ask the court clerk or an attorney about summary administration or small estate affidavits.

4. Protect and inventory estate assets

Secure real property, vehicles, safe-deposit boxes, and other valuables. Prepare a written inventory of assets and their estimated values. Freeze or monitor accounts to prevent fraud. The personal representative has a duty to preserve estate property during administration.

5. Notify beneficiaries and creditors

Colorado law requires the personal representative to notify heirs, beneficiaries, and certain creditors. You must publish notice to unknown creditors if the court requires it. Filing timelines and notice forms may be available through the county court. Proper notice starts creditor claim periods and protects the personal representative from later claims if done correctly.

6. Pay debts, expenses, and taxes

Use estate funds to pay funeral expenses, valid creditor claims, and administrative costs. Determine whether the estate must file a Colorado income tax return or a federal estate tax return. Colorado does not currently have a state estate tax, but federal filing requirements may apply depending on estate size. Keep careful records and get receipts for all payments.

7. Resolve disputes, clear title, and prepare to distribute assets

If creditors or heirs contest the will or claims arise, the personal representative may need to resolve disputes through negotiation or the probate court. Once debts, taxes, and administration costs are paid and any disputes are resolved, the personal representative can transfer assets to beneficiaries according to the will or Colorado intestacy rules.

8. Close the estate

File a final accounting and petition for discharge with the probate court (if required). The court will review distributions and, if all is proper, discharge the personal representative from further liability.

Key Colorado legal sources to consult

Colorado Revised Statutes—search the statutes and review Title 15 (probate, trusts, and fiduciary relations): https://leg.colorado.gov/statutes
Colorado Judicial Branch—probate court information and local court contacts (search your county court’s probate pages on the Colorado courts website): https://www.courts.state.co.us

Timeline and typical costs

Timelines vary. Simple estates using small-estate procedures can be resolved in weeks. Formal probate often takes 6–18 months or longer if disputes arise. Costs include court filing fees, possible bond costs, attorney fees (if you hire counsel), accountant fees for tax filings, and appraisal fees. Personal representative compensation is allowed under Colorado law but may be subject to caps or court review.

When you should hire an attorney

Consider hiring a probate attorney if any of the following apply: the estate is large or complex; there is real estate in multiple states; significant creditor claims exist; the will is contested; tax issues or business interests require specialized handling; or you are unsure how to comply with court procedures. An attorney can prepare and file required petitions, handle notices, and reduce personal liability for mistakes.

Common pitfalls to avoid

Failing to secure assets promptly (risk of loss or theft)
Mixing personal funds with estate funds (creates accounting problems and liability)
Missing creditor notice deadlines (may expose the personal representative to personal liability)
Distributing assets before debts and taxes are resolved or before receiving court approval, when approval is required

Helpful hints

Obtain at least 6–12 certified death certificates; some banks and agencies require originals.
Create and keep a detailed inventory and ledger of all estate transactions.
Use written communications with beneficiaries and creditors and keep copies.
Ask the county probate clerk for local forms and filing fee amounts; many counties post probate checklists online.
If you serve as personal representative, consider bonding and buy fiduciary liability insurance if large assets are involved.
For small estates, ask the court clerk whether an affidavit procedure can transfer assets without full probate.
Keep estate property insured until transferred to beneficiaries.
When in doubt, consult a Colorado probate attorney early; resolving problems sooner usually costs less than fixing mistakes later.