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The Probate Bond Experts
Probate in Colorado is handled by the District Court in each county, with one exception. The Denver Probate Court, a separate court created by the Colorado Constitution, has exclusive jurisdiction over probate matters in the City and County of Denver. Everywhere else, the District Court hears the administration of estates, the appointment of personal representatives, conservatorships, and guardianships.
Colorado follows the Uniform Probate Code in Title 15 of the Colorado Revised Statutes. The estate fiduciary is called the personal representative, known as an executor when named in a will and an administrator when appointed without a will. Most estates use the informal process handled by the court registrar. The bond statute is Section 15-12-603, and the amount is governed by Section 15-12-604.
Colorado imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
Because a bond is often not required in Colorado, the amount matters only when a will, an interested person, or the court calls for one. When a bond is required, Colorado Revised Statutes Section 15-12-604 sets the amount:
Colorado starts from the position that a bond is not required. Under Colorado Revised Statutes Section 15-12-603, a personal representative does not post a bond unless one of these applies:
No bond is required of a personal representative who has deposited cash or collateral with a state agency to secure performance. When none of the triggers applies, the estate proceeds with no bond, which is the common outcome in Colorado.
Filing a Colorado probate bond, when one is required, follows Title 15 and the Colorado Rules of Probate Procedure:
A bond is often not needed in Colorado, so many estates pay no bond premium at all. When a bond is required by the will, a demand, or the court, the cost is a premium paid to the surety company:
Beyond the standard personal representative bond, Colorado probate practice uses several additional bond types:
Colorado does not run a general licensing board for private professional fiduciaries, but it places clear duties on every fiduciary who serves under court appointment:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWOften no. Under Colorado Revised Statutes Section 15-12-603, a personal representative does not post a bond unless the will requires one, an interested person demands one, or the court orders one in a formal proceeding. Many Colorado estates are administered with no bond at all.
A bond is required when the will directs one, when an interested person files a written demand under Section 15-12-605, or when the court orders one in a formal proceeding because it finds one is desirable to protect the estate.
Under Section 15-12-605, any interested person may file a written demand for a bond. The demand sets the bond at the demanded amount, subject to the court's adjustment, until the court holds a hearing and fixes the final figure.
When a bond is required, most Colorado probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Section 15-12-604, the bond is set at the personal representative's best estimate of the value of the personal property of the estate plus the income expected during the next year. The amount is reduced for assets held in protected accounts or real property the personal representative cannot sell without court approval.
Most Colorado probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can be appointed and meet any deadline the court sets.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The District Court in the county where the decedent lived handles probate, except in the City and County of Denver, where the separate Denver Probate Court has exclusive jurisdiction. Most estates use the informal process handled by the court registrar.
Yes. Denver is the only county in Colorado with a dedicated Denver Probate Court, created by the state constitution. In all other counties, probate is heard in the District Court, but the bond rules are the same statewide.
Yes. No bond is required of a personal representative who has deposited cash or collateral with a state agency to secure performance. Because Colorado does not require a bond by default, most fiduciaries proceed without one unless a will, a demand, or the court calls for it.
When required, the bond protects the heirs, devisees, and creditors of the estate from loss caused by a personal representative who fails to perform faithfully. A claim can be filed against the bond up to its amount if the fiduciary mismanages estate assets.
When a bond is required, it stays in force until the estate is closed and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Under Section 15-12-604, the court reduces the bond for estate assets held in a protected way, such as funds deposited with a financial institution that require court approval to withdraw, and for real property the personal representative cannot sell without court approval.
It can. Under Colorado Revised Statutes Section 15-14-415, a conservator managing the estate of a minor or a protected person may be required to post a bond tied to the value of the estate, and a guardian responsible for property may be required to as well.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the beneficiaries and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
Colorado uses personal representative as the formal title under the Uniform Probate Code. People still informally say executor for someone named in a will and administrator for a court-appointed fiduciary when there is no will, but the statutes call both a personal representative.
No. An estate that qualifies for collection by affidavit under Section 15-12-1201, where the value of personal property does not exceed an amount adjusted annually for inflation, is collected without appointing a bonded personal representative.
Yes. A nonresident may serve, but must file a power of attorney consenting to the court's jurisdiction. The court may be more likely to require a bond when the personal representative lives outside Colorado.
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Find Colorado Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Colorado probate court directory. We list every county court in Colorado with contact information and links to local forms.
Colorado Probate Court Directory