Colorado

At a Glance

The 72-hour rule.

In Colorado, the person in charge of final disposition (usually the funeral home) must file the death certificate with the local or state vital records office within 72 hours of assuming custody of the body. And before the body is buried or cremated. The clock starts at custody, not at death (C.R.S. § 25-2-110(1)(a)). This was changed from five days by SB23-020, effective 2023.

Who files it.

The funeral home, mortuary, or cremation organization typically prepares and files the death certificate. The attending physician must complete the medical certification section within 72 hours of being asked.

Who can order copies.

Spouses, parents, children, siblings, grandparents, legal representatives, executors, and beneficiaries can all order certified copies. Contact the Colorado Department of Public Health and Environment or the county health department where the death occurred.

• –CDPHE Vital Records: cdphe.colorado.gov/vitalrecords
• –Cost: approximately $20 per certified copy
• –Expedited options available online

How do I get a death certificate in Colorado?

Order certified copies from Colorado's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Colorado?

$20 per certified copy in Colorado, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

Colorado requires probate for most estates. Estates over $80,000 with a will, and intestate estates (no will) over $80,000, must go through the probate court. Estates under $80,000 may qualify for a simplified small estate affidavit process.

If you die without a will.

Colorado's intestate succession laws decide who gets everything. The state will get it wrong for most blended families and non-traditional relationships. Here's the order:

• –Surviving spouse (if no children from prior relationships) → gets everything
• –Spouse + children all from same relationship → spouse gets everything
• –Spouse + children from a prior relationship → spouse gets a statutory share; children get the rest
• –No spouse, children survive → children inherit equally
• –No spouse or children → parents, then siblings, then more distant relatives
• –No heirs found → estate escheats to the State of Colorado

The 120-hour rule.

An heir must survive the deceased person by at least 120 hours (5 days) to inherit. This matters in accidents or simultaneous deaths.

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside of probate automatically.

How long does probate take in Colorado?

A straightforward Colorado probate typically runs 9–24 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Colorado?

$80,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Colorado?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Colorado allow transfer-on-death deeds?

Yes. Colorado authorizes the beneficiary deed under Colo. Rev. Stat. §§ 15-15-401 to 15-15-415. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Colorado calls it a beneficiary deed; record it before death with the county clerk and recorder, and note it can affect Medicaid eligibility rules under the statute.

Source: Colo. Rev. Stat. §§ 15-15-401 to 15-15-415 ↗

Die without a will in Colorado and this law picks your heirs.

If you die intestate (without a valid will) in Colorado, Colo. Rev. Stat. §§ 15-11-101 to 15-11-105 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): entire estate
• –Spouse + parents (no descendants): first $300,000 plus 3/4 of the balance; parents take the rest
• –Spouse + joint descendants: entire estate, unless the spouse has children from someone else, then first $225,000 plus 1/2 of the balance
• –Spouse + blended family: first $150,000 plus 1/2 of the balance; the decedent's other descendants take the rest
• –Source: Colo. Rev. Stat. §§ 15-11-102, 15-11-103, 15-11-105

Children's shares.

The descendants take everything per capita at each generation: equal shares at the nearest generation with survivors, with deceased members' shares pooled and split equally at the next generation.

No spouse, no children: the line of succession.

After descendants come the parents (with a deceased parent's descendants stepping in), then descendants of the parents, then grandparents and their descendants; with no takers, the estate passes to the State of Colorado (§ 15-11-105).

At a Glance

What Colorado recognizes.

Colorado recognizes three main documents for end-of-life medical wishes. You should have all three.

• –Medical Durable Power of Attorney (MDPOA). Names someone to make medical decisions if you can't
• –Living Will / Advance Directive. Documents your wishes for life-sustaining treatment
• –POLST (Physician Orders for Life-Sustaining Treatment). Actual medical orders, completed with your doctor, that travel with you

The Living Will.

Colorado's 'Declaration as to Medical or Surgical Treatment' (Living Will) covers what you want if you're in a terminal condition or persistent vegetative state. It must be signed in front of two witnesses or a notary. Witnesses cannot be your healthcare provider, your healthcare agent, or anyone who would inherit from you.

The POLST form.

A POLST is different from an advance directive. It's an actual physician's order. It specifies whether you want CPR, ventilators, and other interventions. It must be signed by a physician or advanced practice nurse. It's most relevant for people with serious illness or advanced age.

Where to get the forms.

Colorado's advance directive forms are available free from the Colorado Bar Association (cobar.org/advanceMedicalDirectives). Give copies to your physician, your healthcare agent, and your hospital.

Where do I get Colorado's advance directive form?

The controlling law is C.R.S. Title 15, Article 18 & CDPHE, linked as this section's source. Most people use the free statutory form: Colorado's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Colorado require a notary or witnesses for an advance directive?

Colorado requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

The 24-hour rule.

Colorado funeral establishments must embalm, refrigerate, cremate, bury, or entomb human remains within 24 hours of taking custody. If cremation or burial won't happen within 24 hours, embalming or refrigeration is required.

Authorization for cremation.

Two separate authorizations are required before cremation can proceed in Colorado: (1) state authorization for final disposition from the county vital records office, and (2) written cremation authorization from the person with legal right to control disposition.

Who controls disposition.

Colorado's right-of-disposition law (C.R.S. § 15-19-106) sets the order of who decides. If you want to control your own disposition, you must document it in a Declaration for Disposition of Last Remains. Otherwise, your family decides in this order:

• –1. Decedent (via a valid Declaration for Disposition of Last Remains)
• –2. Appointed personal representative or estate nominee
• –3. Surviving spouse (if not legally separated)
• –4. Person with rights under a designated beneficiary agreement
• –5. Majority of surviving adult children
• –6. Majority of surviving parents or legal guardians
• –7. Majority of surviving adult siblings
• –8. Any person willing to assume legal and financial responsibility

Caskets are not required.

No Colorado law requires a casket for burial or cremation. Federal law requires funeral homes to accept caskets purchased elsewhere and to offer alternative containers. You can build your own casket.

Water cremation (aquamation) is legal in Colorado.

Colorado was one of the first states to legalize alkaline hydrolysis (water cremation). It uses less energy than flame cremation and doesn't release matter into the atmosphere. Availability varies by provider.

Scattering ashes.

Colorado has no specific state law restricting where you can scatter ashes. On private land, you need the landowner's permission. On federal land (national parks, national forests), check with the specific agency. Many allow it with a simple permit or notification. No scattering in bodies of water without checking federal and local regulations.

Green burial.

Colorado allows green burial (no embalming, biodegradable container). Several green burial grounds operate in Colorado. Check the Green Burial Council (<a href='https://www.greenburialcouncil.org/' target='_blank' rel='noopener noreferrer'>greenburialcouncil.org</a>) for certified providers.

At a Glance

Colorado has no estate tax.

Colorado does not impose a state estate tax or inheritance tax. The state estate tax was repealed in 2005.

Income tax on inherited assets.

Inherited assets generally receive a stepped-up cost basis for federal income tax purposes, meaning you don't pay capital gains tax on appreciation that occurred before you inherited the asset. Colorado follows federal treatment for most purposes.

Does Colorado have an estate tax?

No. Colorado has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Colorado have an inheritance tax?

No. Colorado does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

How to register in Colorado.

Register with Donor Alliance (donoralliance.org), Colorado's organ procurement organization. You can also register when you get or renew your driver's license.

Your family cannot override your registration.

Under Colorado law, a registered donor's wishes are legally binding. However, in practice, medical teams often defer to family objections. Register AND tell your family.