probaten.
Reviewed by Owen Hathaway, AttorneyUpdated June 1, 2026The court-supervised process of proving a will, paying a deceased person's debts, and transferring what's left to the heirs or beneficiaries.
Probate is the legal process for administering a deceased person's estate: validating any will, appointing a personal representative, identifying and valuing assets, paying debts and taxes, and distributing the remainder to those entitled to it.
Only probate assets (property in the decedent's sole name without a beneficiary designation) go through probate. Assets in a funded trust, jointly titled property, and accounts with designations pass outside it. Avoiding or simplifying probate is a common planning goal.
Colorado probate is relatively streamlined, with informal, formal, and small-estate tracks under the Colorado Probate Code (C.R.S. Title 15). Wyoming probate (Wyo. Stat. Title 2) tends to be more court-intensive and can take longer, which raises the value of trust-based planning for Wyoming property.
Related terms
- personal representativeThe person appointed to settle a deceased person's estate such as gathering assets, paying debts, and distributing the rest. Older terms are executor (with a will) and administrator (without).
- intestacyWhat happens when someone dies without a valid will: state law, not the person, decides who inherits.
- small estateA simplified, often court-free way to collect a modest estate's personal property using a sworn affidavit instead of full probate.
- willA signed, witnessed document that says who gets a person's probate property after death and names an executor to carry it out. It takes effect only at death and only after probate.
- letters testamentaryThe court document that proves a personal representative has authority to act for an estate, and banks and others rely on it.
- notice to creditorsThe formal notice that opens a limited window for creditors to file claims against an estate; claims filed late are generally barred.