Detailed answer: step-by-step guidance under Colorado law

When someone dies owning property or with a will, the original will typically must be submitted to the probate court in the Colorado county where the decedent last lived or where significant property is located. If you live out of state, you can still file or present the original will, but take steps to protect the document and to follow Colorado filing procedures.

1. Confirm the correct court

File the original will in the Colorado county court or district court that handles probate for the county where the decedent resided when they died. For general information about Colorado probate procedures and statutes, see Colorado’s official probate resources (Title 15, Probate, Trusts, and Fiduciaries) at the Colorado General Assembly: leg.colorado.gov/topics/probate. For local court filing information and probate forms, see the Colorado Judicial Branch forms listing: courts.state.co.us — Probate forms.

2. Decide who will file the will

Typical filers include the nominated personal representative (executor), a beneficiary, a funeral director acting under statute, or an attorney. If you are the nominated personal representative and you live outside Colorado, you may still file the petition; you are not automatically barred solely because you live out of state. However, the court may require additional information such as a local address for service or a Colorado-licensed attorney to accept service for procedural matters. Check with the county clerk’s probate division before filing.

3. Gather required documents

• Original will (the original signed will, not a copy).
• Certified copy of the decedent’s death certificate (courts generally require a certified death certificate).
• Petition for probate or application to open probate using the county’s preferred form (use the Colorado Judicial Branch forms or the county’s forms).
• Filing fee or a request to waive fees if permitted.
• Information about heirs and beneficiaries (names and addresses) and any known assets.

4. Filing method — in person, mail, or electronic

Call the county court probate clerk first to confirm acceptable filing methods. Many Colorado courts accept mailed filings and will accept the original will by mail. Some counties may allow electronic filing through the e-filing system for attorneys. If you mail the original will, use a secure tracked method (registered or certified mail with signature required) and include a prepaid, tracked return envelope if you request the court to return the original after filing or after probate closes. Always request a file-stamped receipt or copy of the filed petition from the clerk.

5. Requesting return of the original will

If you don’t want the court to keep the original will in the file permanently, indicate that in a cover letter and include a prepaid return envelope. Many courts will file-stamp and retain the original in the court file for the probate case. If you want the original returned immediately after filing, confirm that the clerk can do this — procedures vary by county and some courts keep originals as part of the public record once probate is opened.

6. Serving notices and appointing a personal representative

After you file, the court will provide instructions about notices to interested persons and petitions to appoint a personal representative. If you are appointed while living out of state, the court will notify you of duties and may require a bond or other filings under Colorado law. See Colorado probate statutes in Title 15 for duties and appointment rules: leg.colorado.gov/topics/probate.

7. Use local counsel if helpful

Because procedures and local practices vary by county and because you are filing from out of state, hiring a Colorado probate attorney or having a Colorado attorney or agent deliver and file the original can reduce delays and errors. Attorneys can e-file, appear for hearings, and coordinate local notice and bond requirements.

8. Protecting the original will while mailing

If you mail the original will, protect it in a sturdy, moisture-resistant envelope and use insured, trackable shipping (e.g., USPS Registered Mail, UPS, FedEx). Require signature on delivery and retain tracking and proof of mailing. Keep copies (scanned and paper) of the original will and all documents you file.

9. Common timing and fees

Counties set filing fees and processing times. Some actions (like informal probate or filing a small estate affidavit) take less time. Expect delays if the estate is complex or if interested parties contest probate. Contact the county clerk for current fees and average processing times.

10. If you cannot locate the original will

If the original will is missing, Colorado law provides procedures for admitting a copy to probate if the original was lost while in the testator’s control, but you should consult local counsel quickly. The county clerk can explain local procedures for lost or disputed originals.

Key Colorado resources: visit the Colorado General Assembly’s probate information for statutory guidance: leg.colorado.gov/topics/probate, and the Colorado Judicial Branch forms and local court contacts: courts.state.co.us — Probate forms.

Disclaimer: This article explains general steps and is educational only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Colorado attorney.

Helpful Hints

• Call the probate clerk in the county court before you send anything — confirm forms, fees, procedures, and whether the court will accept the original by mail.
• Always obtain and send a certified death certificate with the filing; courts commonly require it.
• Use insured, tracked shipping with signature required when mailing the original will. Save tracking numbers and receipts.
• Include a cover letter explaining who you are, your relationship to the decedent, what you are filing, and a return envelope if you want the will returned after filing.
• Keep copies (scanned and printed) of everything you send and receive from the court.
• Consider hiring a local Colorado probate attorney to file for you, especially if the estate is large, complicated, or contested.
• If you are the nominated personal representative and live out of state, check whether the court requires a local agent for service or a local address for notices.
• If you find more than one will, file the most recent original and provide copies of earlier wills to the court; follow clerk guidance for multiple wills.
• Ask the clerk if the court offers an “informal probate” route (faster in uncontested matters) or if you must set a formal hearing.
• If the original will is lost, contact county court immediately and consider an attorney — Colorado has procedures for proving a will when the original is missing.