How Long Does Probate Litigation Take in Colorado?

When a loved one passes away, it often falls to family members to sort through their estate. Ideally, the probate process runs smoothly, with the deceased’s wishes honored and assets distributed according to the will or state law. But when disputes arise — over a will, the conduct of an executor, or the division of property — the process can become much more complicated. These disputes often lead to probate litigation, which can extend the timeline and increase the emotional toll on everyone involved.

If you're involved in a contested probate situation in Colorado, it’s natural to wonder how long the legal process will take. Unfortunately, there’s no single answer. Probate litigation can be resolved in just a few months, or it may stretch over a year or more, depending on the specific issues at hand. This blog will help you understand the factors that influence timing and what you can expect if you're heading into a probate dispute.

Understanding Probate Litigation

Probate litigation refers to any legal conflict that arises during the administration of a deceased person’s estate. It goes beyond simple probate procedures and typically involves formal court filings, discovery of evidence, hearings, and potentially a trial. Common probate disputes include:

• Will contests — claims that a will is invalid due to fraud, forgery, undue influence, or lack of mental capacity
• Disagreements between beneficiaries over asset distribution
• Claims that a trustee or executor is mismanaging the estate
• Concerns over the interpretation of a trust or will
• Allegations of elder financial abuse prior to death

These conflicts can quickly become contentious, especially when large estates or complex family dynamics are involved. Each added layer of complexity increases the likelihood that litigation will take more time to resolve.

Factors That Influence the Timeline

In Colorado, there is no fixed timeframe for probate litigation because every case is different. However, several key factors influence how long the process may take:

1. Complexity of the Estate

The nature and size of the estate play a big role in determining how long litigation may last. If the estate includes business assets, out-of-state property, multiple bank accounts, or valuable real estate, it may take longer to assess, appraise, and distribute everything. Estates with unusual or poorly documented assets also tend to slow things down.

In cases where there are multiple wills, missing documents, or unclear language in the estate plan, resolving those issues can require more extensive court involvement and may extend the timeline significantly.

2. Number of Heirs or Interested Parties

More people usually means more opinions — and more potential for disagreement. If several beneficiaries or family members are involved, each with different perspectives or legal representation, it may take longer to reach a resolution. Every party has a right to be heard, and coordinating among them adds time and complexity to the litigation process.

3. Type and Severity of the Dispute

Some probate conflicts are relatively straightforward — for example, disputes over how a personal item is divided among heirs. Others are much more serious, such as claims that a will was altered under pressure or that an executor is embezzling funds. The more serious or complex the allegations, the more time the court will need to fully review and assess the facts.

Claims involving financial exploitation, capacity issues, or hidden assets often require expert witnesses, medical records, or forensic accounting, all of which extend the litigation timeline.

4. Willingness to Settle

Many probate cases are resolved through negotiation or mediation rather than going to trial. If all parties are open to compromise, the process can move faster. However, when parties are unwilling to budge — or when one side insists on a trial — the litigation will take longer, sometimes stretching a year or more.

Mediation is often encouraged by the court in these types of cases and can lead to a faster, less expensive outcome. However, it only works if both sides are genuinely open to resolution.

5. Colorado Court Scheduling

The availability of the probate court also plays a significant role. In Denver and other high-volume districts, court calendars are often backlogged. Getting a hearing scheduled or securing a trial date may take several months, especially during busy seasons or if continuances are requested by either party.

Even after the trial ends, the court may take weeks or months to issue a ruling, depending on the complexity of the case and the court's current caseload.

Typical Timeline for Probate Litigation in Colorado

Although every case is different, here is a general timeline of what to expect if a probate case becomes contested:

• Filing and Response: 30 to 90 days – One party files a petition or objection, and others respond.
• Discovery Period: 3 to 6 months – Parties exchange documents, take depositions, and gather evidence.
• Mediation or Negotiation: Occurs during or after discovery. If successful, it may resolve the case within 6 to 9 months total.
• Trial Preparation: 2 to 4 months – If no settlement is reached, both sides prepare for court.
• Trial and Judgment: 1 to 3 days in court, followed by a decision in the weeks or months that follow.

Altogether, a relatively straightforward probate litigation case may resolve in under a year. A more complex or contested case may take 12 to 18 months — or longer if appeals are filed.

Call Evans Case Today for Your Colorado Probate Needs

While you can’t control the court’s schedule or the actions of other parties, there are steps you can take to help keep your case on track:

• Work with an experienced probate litigation attorney from the beginning
• Stay organized and responsive with your legal team
• Gather relevant documents early — including wills, trust agreements, financial records, and communications
• Keep communication civil and avoid unnecessary conflict with other parties
• Be open to mediation or settlement when it serves your best interests

At Evans Case, our probate litigation attorneys work with clients throughout Colorado to resolve disputes as efficiently as possible while protecting what matters most. We handle everything from will contests to trustee disputes with experience, precision, and a clear strategy tailored to your family’s needs.

Contact us today to schedule a confidential consultation and learn how we can help you move forward with confidence and clarity.