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C.R.S. § 15-12-801(1) · checked 2026-10-20
How long probate takes in Colorado
The longest fixed wait in a Colorado probate is usually the creditor claim period: 4 months from first publication of the notice (the date in the notice may not be earlier) under C.R.S. § 15-12-801(1). An estate cannot be closed safely before that window shuts, and C.R.S. § 15-12-801(1) sets an outer limit of 12 months after death.
- 1Claim period 4 months
- 2Counted from Notice / letters
- 3Outer limit 12 months
- 4Statute C.R.S. § 15-12-801(1)
The statute
“not earlier than four months from date of first publication”
Source: C.R.S. § 15-12-801(1) (read from the FindLaw copy, current as of 2025-01-01). Last checked 2026-10-20.
The outer limit reads: “capped at one year from the date of death”.
Worked example: a death on January 15, 2026
| Checkpoint | Date |
|---|---|
| Date of death | January 15, 2026 |
| Earliest small estate affidavit (collection of personal property) (10 days, C.R.S. § 15-12-1201) | January 25, 2026 |
| Trigger: first publication of the notice (the date in the notice may not be earlier) | March 1, 2026 |
| Creditor claim period ends (4 months, C.R.S. § 15-12-801(1)) | July 1, 2026 |
| Outer limit for claims (C.R.S. § 15-12-801(1)) | January 15, 2027 |
Colorado starts the clock at first publication of the notice (the date in the notice may not be earlier), so the end date moves with the court. The example assumes that event comes 45 days after the death (March 1, 2026); a later filing pushes July 1, 2026 back day for day. By comparison the small-estate route — when the estate fits — opens on January 25, 2026.
15 jurisdictions on this site give creditors longer and 8 give them less; the median is 122 days.
Steps that add time
- Getting appointed. Nothing runs until first publication of the notice (the date in the notice may not be earlier); the time between the death and the petition is outside the statutory period.
- Notice. Published notice and notice mailed to known creditors start or shorten the claim period; a creditor who should have been mailed notice may get extra time.
- Real estate. Colorado's small-estate route does not take real property, so an estate with a house in the state generally goes through administration or another court step.
- Accounting and closing. The final account, receipts from heirs and any tax filings come after the claim period ends.
Nearby Mountain timelines
Arizona: 4 months; Idaho: 4 months; Montana: 4 months; Nevada: 90 days; New Mexico: 4 months.
Related: Colorado small estate limit · creditor claim periods compared · executor timeline.
General information from the statute as written on 2026-10-20; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Colorado probate court and its clerk can confirm how the periods run in a given case.