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Colorado · 6th Judicial District of Colorado

La Plata County District Court probate division Guide

District Court probate division information · Updated June 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

10 days
To deposit the will
4 months
Creditor claims, from notice
970-247-2304
Filing office phone
Independent guide · Verified June 2026 · La Plata County Combined CourtSources (6)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Colorado Vital Records Office

Certified Colorado death certificates are issued by CDPHE Vital Records - orderable online through the state's authorized vendors (VitalChek, GoCertificates), by mail, or in person by appointment at the state office in Denver (4300 Cherry Creek Drive South). Many county public health/vital records offices also issue certified copies locally, which is often faster; a La Plata County local issuance point was not confirmed in this pass. The district court clerk does not issue death certificates.

How to order

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 10 days
10 days

Deposit the Will

Within 10 days after a testator's death (or as soon as the death becomes known), the custodian of a will must lodge it with the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death. A will may also be deposited with the court during the testator's lifetime (C.R.S. § 15-11-515; $18 fee under C.R.S. § 13-32-102(1)(h)). (C.R.S. § 15-11-516)

Cost: Verify locally
Where: Clerk of Court, La Plata County Combined Court
Clerk Website

Creditor claim window

Creditors generally have 4 months from first publication of notice to creditors to bring claims against the estate. (C.R.S. § 15-12-801)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Colorado small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Personal property may be collected by affidavit when the fair market value of the decedent's probate estate, less liens and encumbrances, does not exceed the inflation-adjusted limit ($88,000 for deaths in 2026; $86,000 for deaths in 2025), at least 10 days have passed since death, and no personal representative has been appointed or applied for. The affidavit covers personal property only, not real estate. Verify eligibility for the specific assets and institutions involved.

Qualifies:
$88,000 (decedents dying in 2026; adjusted annually under C.R.S. § 15-10-112)

If the inventory shows the entire estate, less liens and encumbrances, does not exceed the exempt property allowance, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute immediately without notice to creditors and close the estate with a sworn closing statement. Verify eligibility before relying on this path.

Qualifies:
Smaller estates that meet the state limit

Documents you'll need:

  • Certified Death Certificate
  • Original Will
  • Acceptance of Appointment
  • Letters Testamentary/of Administration
  • Decedent's Estate Inventory

Informal probate and appointment proceedings are filed with the court registrar without a hearing (C.R.S. § 15-12-301); formal testacy proceedings are litigated before a judge (C.R.S. § 15-12-401 et seq.); supervised administration keeps the personal representative under continuing court supervision (C.R.S. §§ 15-12-501 and 15-12-502). Probate proceedings generally must be commenced within three years after death (C.R.S. § 15-12-108). Verify local scheduling and document requirements with the court.

Attorney:
not required by law, though many families use one

Documents you'll need:

  • Certified Death Certificate
  • Original Will
  • Application for Informal Probate of Will and Informal Appointment of Personal Representative
  • Application for Informal Appointment of Personal Representative
  • Acceptance of Appointment
  • Letters Testamentary/of Administration
  • Notice to Creditors by Publication
  • Decedent's Estate Inventory

Personal property may be collected by affidavit when the fair market value of the decedent's probate estate, wherever located, less liens and encumbrances, does not exceed twice the exempt-property amount of C.R.S. § 15-11-403 as adjusted under C.R.S. § 15-10-112, at least 10 days have passed since death, and no personal representative has been appointed or applied for (C.R.S. § 15-12-1201). The Colorado Department of Revenue's published cost-of-living table sets the affidavit limit at $88,000 for decedents dying in 2026 ($86,000 for deaths in 2025). The affidavit covers personal property only, not real estate.

Qualifies:
$88,000

Documents you'll need:

  • Certified Death Certificate
  • Affidavit for Collection of Personal Property

File for Probate

Where to file, forms & fees

Where to File

Office: La Plata County Combined Court
Address: 1060 East Second Ave, Suite 106, Durango, CO 81301
Hours: Clerk's office Monday through Friday 7:30 a.m. to 4:30 p.m. (building open 7:30 a.m. to 5:00 p.m.)
How: in person, mail
Get Forms

Free Filing Help Available

6th Judicial District Self-Represented Litigant Coordinator (Sherlock) can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

La Plata County Clerk and Recorder

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

La Plata County Motor Vehicle Office

Phone:
970-382-7075
Address:
679 Turner Dr. Suite C, Durango, CO 81303
Hours:
Mon, Tue, Thu: 7:00 a.m.-5:30 p.m.; Wed: 8:00 a.m.-5:30 p.m.; closed Fri
Office Website

When a Colorado vehicle owner dies, the title is transferred through the county motor vehicle office (county clerk and recorder motor vehicle division). Colorado offers three nonprobate paths — transfer-on-death (TOD) beneficiary designation, joint tenancy with right of survivorship, and the small-estate affidavit — and one probate path for estates that do not qualify for the simplified routes.

Transfer scenarios

Transfer-on-Death (TOD) Beneficiary Designation

Documents needed:

  • DMV Form DR 2009 (beneficiary designation, executed during owner's lifetime)
  • Certified death certificate of the deceased owner (or last surviving joint owner)
  • New title application and title fee at a county motor vehicle office

During lifetime: owner completes DR 2009 and files it with the division. After death: beneficiary presents the death certificate and the designation to the county motor vehicle office to receive a new title. Subject to any security interest on the title.

A joint owner is defined in § 42-6-110.5 as an individual holding the vehicle 'as joint tenants with rights of survivorship' (tenants in common are excluded). The owner or surviving joint owners may revoke or change the beneficiary designation at any time by selling the vehicle or executing a new DR 2009.

Joint Tenancy with Right of Survivorship (WROS)

Documents needed:

  • Original vehicle title showing joint tenancy with survivorship
  • Certified death certificate of the deceased joint owner
  • Title application (DR 2395 or the current title application form; verify at county motor vehicle office)
  • Title fee

Surviving joint owner presents the death certificate and existing title at the county motor vehicle office. The authorized agent issues a new title in the survivor's name alone. No probate or court order required.

The title must reflect survivorship ownership. If the title shows two names joined by 'AND' (tenancy in common), survivorship transfer does not apply and probate or a small-estate affidavit is required.

Surviving Spouse or Heir — Small-Estate Affidavit (DR 2712)

Documents needed:

  • DMV Form DR 2712 (completed and notarized)
  • Original vehicle title (if available)
  • Certified death certificate
  • Secure and verifiable identification

At least 10 days after the owner's death, and only if no personal representative has been appointed or applied for, the eligible successor completes and notarizes DR 2712, then presents it with the title and death certificate at any county motor vehicle office. The authorized agent changes registered ownership without a court order.

Use DR 2712, not JDF 999, for vehicle title transfers. DR 2712 must include the vehicle year, make, and VIN. The affidavit covers personal property only; it cannot transfer real estate.

Sole Owner — Probate (Personal Representative Transfer)

Documents needed:

  • Original vehicle title (or apply for duplicate under C.R.S. 42-6-135 if lost)
  • Certified death certificate
  • Letters testamentary or letters of administration issued by the Colorado district court (or Denver Probate Court)
  • Title application and title fee at a county motor vehicle office

Open informal or formal probate in the district court (or Denver Probate Court) of the county where the decedent resided. Upon appointment, the personal representative presents letters, the death certificate, and the title at the county motor vehicle office. The authorized agent issues a new title in the name of the distributee or the estate.

Forms

  • Transfer of Title Upon Death Beneficiary Designation(DR 2009)(Executed while the owner is alive; presented by beneficiary after the owner's death)
  • Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding(DR 2712)(Must be notarized. Include vehicle year, make, and VIN.)

Fees

Certificate of title application fee under C.R.S. § 42-6-137(1)(a). Of this amount, $4.00 is retained by the authorized agent (county motor vehicle office) and $3.20 is credited to the Colorado DRIVES vehicle services account per C.R.S. § 42-6-138. Counties may also collect a separate county clerk recording fee.$7.2
mortgage filing$7.2

Fees set by C.R.S. § 42-6-137 (statutory). County motor vehicle offices may assess additional county fees. Verify current county fees at the specific county office.

Small-estate vehicle transfer

Colorado allows a successor to collect and transfer a decedent's personal property — including motor vehicles — without opening probate by using a notarized affidavit under C.R.S. § 15-12-1201. For vehicle titles specifically, the Colorado DMV requires its own form DR 2712 (not the court's JDF 999).

The affidavit covers personal property only; it cannot transfer real estate. Persons receiving property under this affidavit are accountable to the estate if a personal representative is later appointed.

Lost or duplicate title

If the original certificate of title is lost, misplaced, or accidentally destroyed

The title owner, lienholder, or mortgagee submits an application to the director or authorized agent (county motor vehicle office). The authorized agent notes all unreleased mortgages and liens on the duplicate. The duplicate is then issued.

Form:Application for duplicate certificate of title(DR 2539A)

Fee: $8.2

All unreleased mortgages and liens in effect as disclosed by the records must be noted on the duplicate title per C.R.S. § 42-6-135(3)(a).

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (8)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Colorado

Frequently Asked Questions

How much does probate cost in La Plata County?
Probate filing fees in La Plata County, Colorado vary by the type of administration. Contact the District Court probate division for the current fee schedule.
How long does probate take in La Plata County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in La Plata County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Colorado Resources

Explore the rest of the Colorado probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against La Plata County Combined Court on June 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Colorado can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.