2026 data Public-data reference. official source

Colorado Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for Colorado (CO)

4.1/5 Friendliness No Estate/Inheritance Tax 0 0

State Estate Tax

No State Estate Tax

Only federal estate tax applies ($13,990,000 exemption per person in 2025)

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in Colorado

Probate Costs

Filing Fee $164
Attorney Fee hourly
Timeline 6–12 months
Small Estate Threshold $80,000

UPC state — simplified process. Small estate under $80,000

Probate Code

Uniform Probate Code Adopted (1973)

Colorado has adopted the Uniform Probate Code, which simplifies probate procedures and provides standardized rules for estate administration.

Property System

Community Property No (Common Law)

Colorado follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

4.1 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Colorado.

Estate-tax exemption

None (federal only)

Only the federal $13.99M exemption applies in Colorado.

Probate window

6-12 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — Colorado 4.0%
National median

Attorney fees negotiated rather than statutory — actual percentage varies by engagement.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

Colorado probate timeline

Phase share of typical filing-to-distribution window — 6–12 months

Colorado probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — Colorado

IRS Statistics of Income data showing estate tax returns filed by Colorado residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 151 $3.0B $0.2B
2022 118 $2.7B $0.2B
2021 104 $5.3B $0.3B

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the Colorado Estate Data Reveals

Colorado imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With the federal exemption at $13,990,000 per decedent in 2025, the vast majority of Colorado estates clear probate without owing estate tax at any level — though the scheduled 2026 sunset of the TCJA could cut that exemption roughly in half. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 151 federal estate tax returns filed by Colorado residents in the most recent available year (filing year 2023), reporting $2.99 billion in combined gross estate value. Net federal estate tax paid totaled $0.20 billion that year. Across the multi-year IRS SOI series above, Colorado averages roughly 124 taxable filings per year, with an effective federal rate on reported gross estates of about 6.4%.

Probate itself typically runs 6–12 months in Colorado (roughly 9 months on average), with court filing fees of $164–$164. Attorney fees are negotiated rather than statutory, so engagement letters and hourly-vs-flat structures matter more to the total bill. Colorado does offer a simplified small-estate track for estates under $80,000, which most families use to bypass full formal probate. Because Colorado has adopted the Uniform Probate Code (since 1973), procedures are broadly standardized across counties. As a common-law (separate property) state, Colorado treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

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Colorado Estate Tax FAQs

Does Colorado have an estate tax?

No. Colorado does not have a state estate tax. Only the federal estate tax applies (currently $13,990,000 exemption per person in 2025). This makes Colorado more favorable for estate planning compared to the 13 states that do impose a state estate tax.

Does Colorado have an inheritance tax?

No. Colorado does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in Colorado?

Probate in Colorado typically takes 6 to 12 months. Estates under $80,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in Colorado?

Court filing fees in Colorado range from $164 to $164. Attorney fees are usually based on reasonable hourly rates or negotiated flat fees.

Can you avoid probate in Colorado?

Yes. Common probate avoidance strategies in Colorado include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Colorado also offers a simplified process for small estates under $80,000.

How will the 2026 federal estate tax sunset affect Colorado residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. While Colorado has no state estate tax, the lower federal exemption means more estates will owe federal estate tax. This makes 2025 a critical window for estate planning.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page