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.
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:
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.
Colorado offers three types of probate administration. The right one depends on whether the will is clear and whether family members agree.
| Informal Probate | Formal Probate | Supervised Administration | |
| Who decides | Court registrar, no hearing | District court judge after notice and hearing | Judge oversees the whole administration |
| Best for | Valid will, cooperative family, no disputes | Contested, lost, or unclear wills; disputes over heirs or who serves | Serious conflict or a need for court protection |
| Speed and cost | Fastest, lowest cost | Slower, higher cost | Slowest, highest cost |
| Limbaugh flat fee | $5,000 (uncontested) | $6,500 (uncontested) | Quoted after consultation |
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:
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.
Aurora spans three counties, and probate is filed in the district court of the county where the decedent lived:
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.
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.
| Probate Service | Flat Fee |
| Uncontested Informal Probate | $5,000 |
| Uncontested Formal Probate | $6,500 |
| Personal Representative Deed | $350 plus recording fees |
| Probate payment plans | Starting at $150/month |
| Topic | Colorado Rule (2026) |
| Small estate affidavit limit | $88,000 or less, no real estate; available 10 days after death (C.R.S. § 15-12-1201) |
| Creditor claim deadline | 4 months after first publication of the Notice to Creditors |
| Earliest informal closing | 6 months after the personal representative’s appointment |
| Typical timeline | 6 to 12 months for an uncontested estate |
| Deadline to open probate | Generally within 3 years of death (limited exceptions) |
| State estate or inheritance tax | None in Colorado; the federal estate tax applies only to very large estates |
| Dying without a will | Assets pass to relatives under Colorado intestate succession law (C.R.S. § 15-11-101 et seq.) |
Contact Us Today
(303) 662-9922
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.
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.
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.
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.
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.
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.
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.
Located at 13791 E Rice Pl #100 Aurora, CO 80015. The Limbaugh Law Firm specializes in estate planning law services and elder law services. Small business law services. Practicing law for over 20 years. Virtual appointments. Free initial consultations.
Contact Us Today (303) 662-9922
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