Denver Probate Court Guardianship for a Minor: Filing in Denver County
If the child you are seeking guardianship over lives in Denver County, your case goes to a court that no other county in Colorado has: the Denver Probate Court. It is a standalone court with its own judges, clerk's office, and filing procedures — separate from both the Denver District Court and the Denver County Court. Knowing this before you drive to the wrong courthouse saves you a wasted trip.
Why Denver Is Different
In 63 of Colorado's 64 counties, minor guardianship cases are handled by the probate division of the District Court. Denver is the exception. The Colorado Constitution and state statute vest exclusive probate jurisdiction in the Denver Probate Court, which operates independently from the Denver District Court.
This means:
- Your guardianship petition (JDF 824) is filed at the Denver Probate Court, not at the Denver District Court
- If you need an Allocation of Parental Responsibilities (APR/custody) order instead of or in addition to a guardianship, the APR goes to the Denver District Court — Domestic Relations Division, a completely different court with different case managers and hearing schedules
- County courts in Denver do not handle guardianship or custody at all
Getting this wrong is not uncommon. The Denver Probate Court's clerk will redirect you, but you lose time — and if you filed at the wrong court, you may need to refile with a new case number.
Filing Your Guardianship Petition
The guardianship forms are the same statewide — JDF 824 (petition), JDF 805 (acceptance of office with CBI background check, credit report, and photo ID), JDF 825 (parent consent), JDF 826 (minor consent if 12+), and the proposed order forms (JDF 827, 828, or 829). The $229 filing fee and the JDF 205/206 fee waiver process are also identical.
Where Denver's process may feel different:
- Heavier docket congestion — Denver's probate calendar is busier than most rural judicial districts. Getting a hearing date may take longer, especially for contested cases
- Strict filing schedules — the clerk's office enforces document completeness at intake; bring your entire packet (petition, acceptance of office, background checks, consent forms, ICWA declaration) rather than filing in pieces
- Self-help center — Denver has a Self-Represented Litigant Coordinator (Sherlock) who assists with probate filings. They can help you check that your forms are complete and explain the next procedural step, though they cannot give legal advice
Front Range Filing vs. Rural Counties
If the child lives outside Denver but in the Front Range metro area, your case goes to the local District Court's probate division — not the Denver Probate Court. Venue under C.R.S. § 15-14-108(1) is determined by the county where the minor resides or is present at the time you file.
| County | Where to file guardianship | Where to file APR (custody) |
|---|---|---|
| Denver | Denver Probate Court | Denver District Court — Domestic Relations |
| Arapahoe | 18th Judicial District Court — Probate | 18th Judicial District Court — Domestic Relations |
| Jefferson | 1st Judicial District Court — Probate | 1st Judicial District Court — Domestic Relations |
| El Paso (Colorado Springs) | 4th Judicial District Court — Probate | 4th Judicial District Court — Domestic Relations |
| Adams | 17th Judicial District Court — Probate | 17th Judicial District Court — Domestic Relations |
If you are unsure which county has jurisdiction — for instance, if the child recently moved between households in different counties — file in the county where the child currently resides. If proceedings are brought in multiple counties, the court where the petition was first filed retains exclusive jurisdiction unless venue is transferred.
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E-Filing Availability
Colorado's Courts E-Filing (CCE) system allows self-represented litigants to file electronically in domestic relations and eviction cases. As of the current court policies, the CCE system for non-attorneys does not cover probate guardianship filings. Denver Probate Court accepts pro se filings in person or by mail, but not by fax or email. CCE charges $18 per e-filing transaction and $18 per e-service per party, so even where available, paper filing may be cheaper for a single petition.
Check with the Denver Probate Court clerk before filing to confirm the current e-filing status, as courts periodically expand electronic access.
The Colorado Guardianship and Custody Court Process Guide covers the full filing sequence from petition to hearing, including Denver-specific court details, so you arrive at the right courthouse with the right paperwork on day one.
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