Aurora Probate Lawyer

Trusted Probate Attorney in Aurora, CO

In Colorado, estates with more than $88,000 in probate assets (for deaths in 2026), or with real estate titled solely in the decedent’s name, are generally subject to Probate Court proceedings. As an experienced Aurora Probate Attorney, we help individuals and families navigate the probate process with confidence. Probate is the process of paying creditors, finalizing taxes, and transferring property as required by law or a Will. Probated assets include, but are not limited to, real estate, vehicles, bank accounts, personal tangible property, and business assets. Probate proceedings can be either formal or informal and contested or uncontested. Regardless of the complexities involved, our firm helps clients navigate the process in a cost-effective manner, working to resolve probate matters as quickly and efficiently as possible.

Founding attorney Oren “Von” Limbaugh, J.D., LL.M., has more than 25 years of experience in estate planning, probate, elder law, and tax law. He is licensed in all Colorado state courts, the U.S. District Court for Colorado, and the U.S. Tax Court, and he is a certified mediator. Our firm represents personal representatives, heirs, and beneficiaries in Aurora and throughout Arapahoe, Adams, and Douglas Counties.

How the Probate Process Works in Aurora, Colorado

Colorado follows the Colorado Probate Code (C.R.S. Title 15), which is based on the Uniform Probate Code and is simpler than probate in many states. Most uncontested estates in Aurora move through these steps:

1. Locate the will and the assets. Find the original will, if one exists, and list what the decedent owned and how each asset is titled.
2. Open probate with the court. File an application or petition in the district court of the county where the decedent lived. For most Aurora residents, that is Arapahoe, Adams, or Douglas County.
3. Appoint a personal representative. The court issues Letters Testamentary (with a will) or Letters of Administration (without one). Banks and title companies need these letters before they will release funds or transfer property.
4. Notify heirs and creditors. Heirs and devisees receive written notice. A Notice to Creditors runs in a local newspaper once a week for three weeks, and creditors have four months from the first publication to file claims.
5. Inventory and protect estate assets. Value real estate, accounts, vehicles, and business interests, and provide an inventory to interested persons.
6. Pay valid debts, expenses, and taxes. File the decedent’s final income tax returns and any estate tax returns, and pay approved creditor claims in the order Colorado law requires.
7. Distribute assets and close the estate. Transfer property under the will or Colorado’s intestacy laws, record a Personal Representative’s Deed for real estate, and close the estate.

How long does it take? Most uncontested Colorado probates take 6 to 12 months. An informal estate generally cannot be closed by sworn statement until at least six months after the personal representative is appointed. Will contests, property sales, or business interests can extend the timeline.

Informal vs. Formal Probate in Colorado

Colorado offers three types of probate administration. The right one depends on whether the will is clear and whether family members agree.

Can You Avoid Probate in Colorado?

Small estate affidavit. If the decedent’s probate assets total $88,000 or less (for 2026 deaths) and include no real estate, a successor can collect property with a sworn small estate affidavit under C.R.S. § 15-12-1201. The affidavit can be used 10 days after death, as long as no personal representative has been appointed or applied for. The limit is adjusted for inflation each year.

Assets that pass outside probate. These assets usually transfer without probate:

• Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations
• Life insurance, IRAs, and 401(k)s with a named living beneficiary
• Property held in joint tenancy with right of survivorship
• Real estate covered by a recorded Colorado beneficiary deed
• Assets titled in a funded revocable living trust

Planning ahead is the best way to spare your family from probate. Learn how to avoid probate in Colorado, see how estate size impacts probate, or talk with our Aurora estate planning lawyer.

Which Court Handles Probate for Aurora Residents?

Aurora spans three counties, and probate is filed in the district court of the county where the decedent lived:

• Arapahoe County: Arapahoe County District Court, Arapahoe County Justice Center, 7325 S. Potomac Street, Centennial, CO 80112
• Adams County: Adams County District Court, Brighton
• Douglas County: Douglas County District Court, Castle Rock

If the decedent owned real estate in another state, a separate ancillary probate may be needed there. We coordinate with local counsel when that happens.

How Much Does Probate Cost in Aurora? Flat-Fee Probate

Colorado does not set probate attorney fees as a percentage of the estate. Fees must be reasonable. At The Limbaugh Law Firm, we use transparent flat-fee pricing so families know the cost up front. Our flat fees include consultations, follow-up calls, copies, postage, and court filing fees.

Who We Represent in Aurora Probate Matters

• Personal representatives (executors): step-by-step guidance that limits personal liability for mistakes in creditor claims, deadlines, and distributions.
• Heirs and beneficiaries: help understanding your rights, getting information about the estate, and holding a personal representative accountable.
• Families facing frozen assets: when a bank won’t release funds or a title company won’t transfer a house until someone has court authority.
• Families in disagreement: As a certified mediator, Von Limbaugh can help heirs settle disputes over a will or distribution without costly litigation. Learn about our Aurora mediation and arbitration services.
• Families of adults who cannot manage their affairs: when a court-appointed decision-maker is needed during or after an estate, see our Aurora guardianship lawyer page.

Key Colorado Probate Facts at a Glance

At The Limbaugh Law Firm, we support your decisions through professional guidance and an ongoing commitment to meeting your needs. We believe in being proactive – preventing unwieldy, estate–damaging probate issues arising through comprehensive, individualized planning. We empower you to protect your assets and pass on the wealth you created and maintained during your lifetime to your intended beneficiaries.

Take this short True or False quiz to help you think through probate issues.

• My estate plan was drafted or reviewed by an attorney within the past three years.
• My nominated fiduciaries are willing and able to serve if needed.
• My backup fiduciaries are willing and able to serve if needed.
• My fiduciaries know my wishes and can easily learn what I want or need them to do.
• My fiduciaries know my wishes are can easily learn what I want or need them to do.
• My attorney, financial planner, and accountant have reviewed my estate plan and plugged any gaps.
• I am aware of and have planned for any family disagreements, or I have reviewed my estate plan with my family, and they are at peace with it.
• All of my property is titled correctly, as called for by my estate plan.
• I have made plans to pay taxes and creditors.
• My financial affairs and property records are in order so that my fiduciaries can easily know the extent of my estate (in terms of both domestic and international business and personal assets).

If you answered “False” to any of the above questions, your family or beneficiaries could face probate problems with your estate. Fortunately, these problems can be avoided with good estate planning. Please call us to set up an appointment for a FREE consultation. Our firm usually gets a new client within 3-5 days.

Aurora Probate FAQs

Do All Estates in Aurora, Colorado Have to Go Through Probate?

No. In Colorado, an estate can skip probate when its probate assets are worth $88,000 or less (for 2026 deaths) and it holds no real estate; heirs can use a small estate affidavit 10 days after death. Assets with beneficiary designations, joint ownership, or a funded living trust also pass outside probate. Real estate titled only in the decedent’s name usually requires probate.

How Long Does Probate Take in Aurora, Colorado?

Most uncontested Colorado probates take about 6 to 12 months. Creditors have four months after the first published notice to file claims, and an informal estate generally cannot be closed by sworn statement until at least six months after the personal representative is appointed. Will contests, real estate sales, or tax issues can extend the timeline.

How Much Does an Aurora Probate Lawyer Cost?

Colorado has no set percentage for probate attorney fees; lawyers must charge reasonable fees. The Limbaugh Law Firm uses flat-fee pricing: $5,000 for uncontested informal probate and $6,500 for uncontested formal probate, covering consultations, copies, postage, and filing fees. Payment plans start at $150 per month, and the initial consultation is free.

What Is the Difference Between Informal and Formal Probate in Colorado?

Informal probate is an administrative process handled by the court registrar without a hearing, used when the will is valid and no one objects. Formal probate takes place before a judge and is required when a will is contested, missing, or unclear, or when heirs disagree. Informal probate is typically faster and less expensive.

What Does a Personal Representative Do During Probate in Colorado?

A personal representative, often called an executor, manages the estate under court authority. Duties include notifying heirs and creditors, publishing a notice to creditors, inventorying and valuing assets, paying valid debts and taxes, and distributing what remains under the will or Colorado intestacy law. Personal representatives owe fiduciary duties and can be personally liable for mistakes.