Inheritance Law > US Probate Courts > Colorado > Larimer County Probate Court

Larimer County, CO Probate Court


Welcome! On this page you'll find the following information for Larimer County, Colorado:

Larimer County Probate Court

County Seat: (Fort Collins) FIPS: 08069 - pop.359,066

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Learn About Probate in Colorado & How To Transfer Property When a Loved One Dies

Key things to know about transferring property at death in Colorado:

  • Some (most?) property can transfer directly to beneficiaries without probate or a will, such as assets with named beneficiaries like life insurance or retirement accounts, assets owned jointly with right of survivorship, and assets held in living trusts.
  • If you die with a will (testate), your property that is subject to probate will be distributed according to the instructions in your will. Your will must be submitted to probate court after your death.
  • If you die without a will (intestate), your property that goes through probate will be distributed according to Colorado's intestate succession laws. Generally, your property goes to your closest relatives in a certain order of priority.
  • The probate process in most states typically takes 6-12 months. The personal representative named in your will files paperwork with the court to open probate and manages the process of inventorying assets, paying debts, and distributing property. 
  • Most states have a simplified probate procedure for small estates (under a certain amount). The estate can be transferred with an affidavit 30 days after death if there is no will. 
  • Property transferred at death receives a stepped-up cost basis, meaning the heir's capital gains tax is calculated based on the market value at the time of death rather than the decedent's original purchase price.
  • Most states do not have a state estate tax or inheritance tax. Federal estate tax applies to estates over $12.92 million for an individual or $25.84 million for a married couple. This means estates worth less than this amount are not subject to federal estate tax. For estates that exceed the limit, the tax rate is progressive, starting at 18% and reaching a maximum of 40%. Those estates may need to file a federal estate tax return.

 Proper estate planning and asset titling can help ease the property transfer process in Colorado.

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