Colorado Small Estate Affidavit: Collection of Personal Property
Colorado calls the small-estate path collection of personal property by affidavit. It can collect certain personal property at least 10 days after death, but it is not a blanket probate bypass and cannot transfer real estate.
Based on C.R.S. 15-12-1201
What Is a Colorado Small Estate Affidavit?
A Colorado small estate affidavit usually means collection of personal property by affidavit under C.R.S. 15-12-1201, using form JDF 999. A successor presents the sworn affidavit directly to banks and other asset holders, without opening a probate case, when the estate fits the year-of-death value cap and no personal representative has been appointed.
Main Requirements
10-Day Wait
At least ten days must pass after death before using the affidavit.
Value Cap by Year of Death
The net estate must fit the year-of-death cap: $88,000 for 2026 deaths, less liens and encumbrances. The amount is indexed annually, so confirm it for the date of death.
No Real Property
The affidavit is not valid to transfer Colorado real estate.
No Personal Representative Appointment
No application or petition for appointment of a personal representative may be pending or granted in any jurisdiction.
Proper Successor
The affiant must be a successor of the decedent or someone acting on behalf of one or more successors, and at least 18 years old.
Available Small-Estate Options
Collection of Personal Property by Affidavit
- Limit
- $88,000 for 2026 deaths (net of liens; indexed by year of death)
- Real Estate
- Not allowed
- Timeline
- At least 10 days after death
- Typical Fee
- $0 court filing fee; affidavit presented to asset holders
Informal Probate
- Limit
- Use when the estate exceeds the cap or includes real property
- Real Estate
- Allowed
- Timeline
- Roughly 6 months to 1 year
- Typical Fee
- $199 to open the estate ($229 with the $30 equal justice fee)
Formal Probate
- Limit
- Use when there are disputes, will-validity questions, or unclear heirs
- Real Estate
- Allowed
- Timeline
- Often a year or more
- Typical Fee
- $199 to open the estate ($229 with the $30 equal justice fee)
The Affidavit Does Not Cut Off Claims
A person who receives property under JDF 999 stays answerable to a later-appointed personal representative or anyone with a superior right to the estate (C.R.S. 15-12-1202). The affidavit is a collection tool, not a final determination of who inherits, and it does not resolve creditor claims or disputes among heirs.
Step-by-Step Process
Wait at Least 10 Days After Death
C.R.S. 15-12-1201 requires at least ten days to pass after the date of death before a successor uses the collection-by-affidavit path.
Total the Property and Subtract Liens
Add the fair market value of all property subject to will or intestate succession, wherever located, then subtract liens and encumbrances. Confirm the net figure fits the year-of-death cap ($88,000 for 2026 deaths).
Confirm No Real Estate and No Pending Probate
The affidavit cannot transfer real estate, and it requires that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.
Complete Form JDF 999
Use the current Colorado Judicial Branch JDF 999 affidavit. It identifies the decedent, the successors, the property to be collected, and the amount each successor is entitled to receive.
Have the Affidavit Notarized
JDF 999 is a sworn affidavit. Sign it before a notary, affirming under oath that the statements are true.
Present the Affidavit to Asset Holders
Give the notarized affidavit, with a certified death certificate, to banks, transfer agents, or other holders. A holder that refuses without reasonable cause can be liable for costs and attorney fees under C.R.S. 15-12-1202(3).
FAQ: Colorado Small Estate Affidavit
Does Colorado have a small estate affidavit?
Yes. Colorado calls it collection of personal property by affidavit under C.R.S. 15-12-1201, completed on form JDF 999. It lets a successor collect qualifying personal property without opening a probate case.
What is the Colorado small estate limit?
For 2026 deaths the cap is $88,000, net of liens and encumbrances. The amount is set by the year of death and adjusted for inflation: 2025 is $86,000, 2024 is $82,000, and 2023 is $80,000. Confirm the current figure on JDF 999 for the specific date of death.
How long do I have to wait to use the affidavit?
At least 10 days must pass after the date of death before a successor can use the Colorado collection-by-affidavit path.
Can a Colorado small estate affidavit transfer a house?
No. JDF 999 states the affidavit is not valid to transfer real estate. To transfer personal property that affects real estate, the statute points to a separate path under C.R.S. 15-12-1201(3.5). Solely owned real property generally needs probate.
Do I file the Colorado small estate affidavit with the court?
No. Unlike opening a probate estate, the collection-by-affidavit path is not filed with the court. The notarized affidavit is presented directly to the banks or other holders of the personal property, so there is no court filing fee for this path.
At a Glance
- Threshold
- $88,000 for 2026 deaths (indexed annually by year of death)
- Waiting Period
- At least 10 days after death
- Court Filing Fee
- $0 (no court filing; the affidavit is presented to asset holders)
- Attorney Required
- No statewide attorney requirement; counsel may help with disputes, debts, or unclear heirs
- Real Estate
- Not allowed
The cap applies to the total fair market value of all property subject to disposition by will or intestate succession, wherever located, less liens and encumbrances. JDF 999 lists year-of-death amounts: 2026 is $88,000; 2025 is $86,000; 2024 is $82,000; 2023 is $80,000. Confirm the amount for the date of death before filing or distributing.
The affidavit is not valid for the transfer of real estate. JDF 999 states this directly. To transfer personal property that affects real estate, the statute points to a separate path under C.R.S. 15-12-1201(3.5). Solely owned real property generally needs probate.
County Note: Because the Colorado affidavit is presented directly to asset holders rather than filed, the main county touchpoint is ordering certified death certificates and, if probate is later needed, the district court for the county where the decedent lived.
Official Forms, Sources, and Verification
JDF 999, Collection of Personal Property by Affidavit
Colorado Judicial Branch. Form revised April 28, 2026; accessed June 16, 2026.
C.R.S. 15-12-1201, Collection of personal property by affidavit
Colorado General Assembly. Current statute text, accessed June 16, 2026.
List of Fees
Colorado Judicial Branch. Accessed June 16, 2026.
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Information current as of May 31, 2026
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.