Skip to content
KinclaimKinclaim home
Collection of Personal Property by Affidavit (Colorado "sm…Verified against the statute July 29, 2026

Colorado Small Estate Affidavit

Colorado lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $88,000 or less and 10 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Colorado at a glance

Estate value limit
$88,000
Statutory value, adjusted periodically
Wait after death
10 days
Before the affidavit can be presented
File with a court?
No
Present it directly to the bank or agency
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
Any "successor" of the decedent…
Per the statute

Is your estate under the $88,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

Nothing you type here is saved or sent anywhere.

The $88,000 limit, and what actually counts

Fair market value of all property owned by the decedent and subject to disposition by will or intestate succession at the time of death, wherever located, less liens and encumbrances. Statutorily defined as "twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112" (§ 15-12-1201(1)(a)), i.e., 2x the inflation-adjusted exempt-property allowance ($30,000 base, 2010 reference year). Critical: the applicable figure is keyed to the decedent's year of death, not the year the affidavit is signed. $88,000 applies only to deaths in 2026.

This figure is adjusted periodically rather than fixed in the statute, so always check the current amount before you sign. The figure above is the one in force as of July 29, 2026.

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Colorado, these are left out of the calculation:

  • Jointly-held property with right of survivorship
  • Payable-on-death and transfer-on-death accounts
  • Life insurance with a living named beneficiary
  • Retirement accounts with a living named beneficiary
  • Property already held in a trust
  • Statutory exempt property and family allowances
  • Liens and encumbrances on estate property

The 10-day waiting period

TEN (10) days from the date of death. Two independent statements: the intro to 15-12-1201(1) ('At any time ten or more days after the date of death of a decedent..') and 15-12-1201(1)(b) ('At least ten days have elapsed since the death of the decedent'). JDF 999 para 2(b) restates it. Note for cross-state rules engine: Colorado deviates sharply from the UPC 3-1201 default of 30 days and from CA's 40 days. 10 days is one of the shortest in the country. Do not apply a 30-day default to CO.

Who can sign the affidavit

Any "successor" of the decedent (a person, other than a creditor, entitled to the decedent's property under a will or by statute. § 15-10-201(51)), or any person acting on behalf of one or more successors. Official form JDF 999 ¶2(a) requires the affiant to affirm they are either a successor or a person acting on behalf of one or more successors and are 18 years of age or older. A non-successor who collects on behalf of successors is deemed their agent with full agent's fiduciary duties (§ 15-12-1201(4); JDF 999 ¶2(h)). Creditors may not use the affidavit.

Either, testate or intestate. The gate is 'successor' status, defined at C.R.S. 15-10-201(51) as a person other than a creditor entitled to the decedent's property under a will or by statute; JDF 998's Common Terms restates this ('Persons other than creditors, who are entitled to property of a decedent under a will or by a statute, e.g. spouse, children'). JDF 999 para 2(c) uses 'subject to disposition by will or intestate succession,' expressly contemplating both. Nothing in 15-12-1201 or JDF 998/999 conditions use of the affidavit on first lodging or probating the will, and no probate is opened. Separate duty (verify before relying): a custodian of a will has an independent statutory duty under the Colorado Probate Code (C.R.S. 15-11-516, UPC 2-516) to deliver the will to the court with jurisdiction; that duty is not part of the affidavit procedure and its text was not read in this session.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Colorado?

No. Real property does not pass under the Colorado small estate affidavit, and Colorado has no companion real-property affidavit and no separate real-property threshold, unlike CA (Prob. Code 13200 affidavit re real property of small value) or TX (homestead-only SEA). JDF 999 para 2(d) states flatly: the affidavit is not valid for the transfer of real estate. JDF 998 para 1(b): the affidavit cannot be used to transfer real estate but may only be used to collect personal property. The only real-property-adjacent use is C.R.S. 15-12-1201(3.5): where an instrument or other evidence of indebtedness is secured by real property (a promissory note secured by a mortgage or deed of trust: which is personal property, not the land), the affiant must record a copy of the affidavit plus a copy of the death certificate or verification of death with the clerk and recorder of the county where the real property is located. To move actual title to Colorado real estate a family must use: (1) informal or formal probate with an appointed personal representative issuing a PR's deed, or (2) a special proceeding to determine heirship under C.R.S. 15-12-1301 to 15-12-1309. Colorado's summary administrative procedure, C.R.S. 15-12-1203/15-12-1204, is not an affidavit alternative: it still requires an appointed personal representative who files an inventory and a closing sworn statement, and its value test is that the entire estate less liens and encumbrances does not exceed the sum of property held by the decedent as fiduciary/trustee, the exempt property allowance, the family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness; notice to creditors is waived. Widely repeated error to avoid: at least one consumer site asserts a Colorado '$70,000 real property equity' limit and a '$140,000 combined' cap via 'summary administration.' That is wrong and is contradicted by JDF 998 and JDF 999. Do not publish it.

How to use a small estate affidavit in Colorado

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $88,000 ceiling. Fair market value of all property owned by the decedent and subject to disposition by will or intestate succession at the time of death, wherever located, less liens and encumbrances. Statutorily defined as "twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112" (§ 15-12-1201(1)(a)), i.e., 2x the inflation-adjusted exempt-property allowance ($30,000 base, 2010 reference year). Critical: the applicable figure is keyed to the decedent's year of death, not the year the affidavit is signed. $88,000 applies only to deaths in 2026.

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Collection of Personal Property by Affidavit (Colorado "small estate affidavit"), C.R.S. § 15-12-1201; official form JDF 999, listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    Present it to whoever holds the property

    Mandatory duties on holders. (1) C.R.S. 15-12-1201(1): any person indebted to the decedent or in possession of the decedent's personal property: expressly including funds on deposit at or contents of a safe deposit box at any financial institution, tangible personal property, or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand. 'Shall pay or deliver such property' to the successor or person acting for the successor upon presentation of a conforming affidavit. (2) 15-12-1201(1.5): an instrument or property payable or deliverable to the decedent or the decedent's estate is property of the decedent subject to the section, and the successor or their agent 'may endorse an instrument that is so payable and collect such amount.' (3) 15-12-1201(2): a transfer agent of any security 'shall change the registered ownership on the books of a corporation from the decedent to the successor or successors.' (4) 15-12-1201(3): the public official having cognizance over registered title of personal property (i.e., the DMV) 'shall change the registered ownership.' (5) 15-12-1201(3.7): a safe deposit box may be entered and its contents shall be delivered on presentation of the affidavit, per 15-10-111(1)(a)(I) and (1)(b). Safe harbor. C.R.S. 15-12-1202(1): a person paying or transferring property pursuant to the affidavit is 'discharged and released to the same extent as if he or she dealt with a personal representative of the decedent,' and is 'under no obligation to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement' in the affidavit. JDF 999's front-page notice box restates this so it can be shown to a reluctant teller. Penalty for refusal. C.R.S. 15-12-1202(3): a person or entity that refuses to pay or transfer without reasonable cause is liable for all costs, including reasonable attorney fees and costs, incurred by or on behalf of the persons entitled to the property, once the right to the property is established by a court; the refusing party bears the burden of proving reasonable cause by a preponderance of the evidence. JDF 999 prints this in the notice box on page 1, practically the single most useful lever for a family facing bank pushback. Limit: the DMV is carved out by policy. It requires DR 2712 rather than JDF 999.

Where to take the signed affidavit

The bank

Mandatory duties on holders. (1) C.R.S. 15-12-1201(1): any person indebted to the decedent or in possession of the decedent's personal property: expressly including funds on deposit at or contents of a safe deposit box at any financial institution, tangible personal property, or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand. 'Shall pay or deliver such property' to the successor or person acting for the successor upon presentation of a conforming affidavit. (2) 15-12-1201(1.5): an instrument or property payable or deliverable to the decedent or the decedent's estate is property of the decedent subject to the section, and the successor or their agent 'may endorse an instrument that is so payable and collect such amount.' (3) 15-12-1201(2): a transfer agent of any security 'shall change the registered ownership on the books of a corporation from the decedent to the successor or successors.' (4) 15-12-1201(3): the public official having cognizance over registered title of personal property (i.e., the DMV) 'shall change the registered ownership.' (5) 15-12-1201(3.7): a safe deposit box may be entered and its contents shall be delivered on presentation of the affidavit, per 15-10-111(1)(a)(I) and (1)(b). Safe harbor. C.R.S. 15-12-1202(1): a person paying or transferring property pursuant to the affidavit is 'discharged and released to the same extent as if he or she dealt with a personal representative of the decedent,' and is 'under no obligation to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement' in the affidavit. JDF 999's front-page notice box restates this so it can be shown to a reluctant teller. Penalty for refusal. C.R.S. 15-12-1202(3): a person or entity that refuses to pay or transfer without reasonable cause is liable for all costs, including reasonable attorney fees and costs, incurred by or on behalf of the persons entitled to the property, once the right to the property is established by a court; the refusing party bears the burden of proving reasonable cause by a preponderance of the evidence. JDF 999 prints this in the notice box on page 1, practically the single most useful lever for a family facing bank pushback. Limit: the DMV is carved out by policy. It requires DR 2712 rather than JDF 999.

The DMV

Separate form, mandatory. Colorado Department of Revenue, Division of Motor Vehicles, Form DR 2712. 'Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding' (revision observed: 04/30/26). JDF 998, Other Notes on Use of JDF 999 para (e), is explicit: 'The Colorado Department of Motor Vehicles ("DMV") will not accept JDF 999 but instead requires the use of its own affidavit (DR 2712) to transfer title to motor vehicles, motorcycles, motor homes, etc. owned by the Decedent.' No separate threshold. DR 2712 is issued under the same C.R.S. 15-12-1201 authority and carries the same year-of-death table (2026 $88,000; 2025 $86,000; 2024 $82,000; 2023 $80,000; 2022 $74,000; 2020-2021 $70,000; 2019 $68,000) and the same ten-day wait. Practice: present DR 2712 to the county motor vehicle office with the existing certificate of title and a copy of the death certificate. Statutory backing for the DMV's duty to retitle is C.R.S. 15-12-1201(3) (public official having cognizance over registered title 'shall change the registered ownership'). Product note: a Colorado user with both a bank account and a vehicle needs both jdf 999 and DR 2712.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

The statute imposes no requirement to list creditors, publish notice to creditors, or pay debts before collecting, and JDF 999 contains no debt schedule. There is no creditor-claim period because no estate is opened. Liability instead runs through three channels: (1) JDF 999 para 2(i) / the Probate Code. 'any person who receives property under this affidavit is answerable and accountable to any subsequently appointed personal representative of the estate or any other person having a superior right to the estate'; JDF 998 restates this. (2) C.R.S. 15-12-1201(4): a person who makes, presents, or uses the affidavit on behalf of successors owes them the duties of an agent to a principal, breachable with the remedies available against agents under part 7 of article 14 and part 5 of article 10 of title 15; a successor who signs where there are two or more successors is deemed to be acting on behalf of every other successor. JDF 999 para 2(h) restates this. (3) The affidavit is sworn under oath, so a false statement carries perjury exposure. Practical drafting consequence: an affiant who collects and spends estate funds while unpaid creditors or other heirs exist remains personally exposed even though the statute never asked about debts.

When you can’t use it

Colorado takes the affidavit route off the table when:

  • Estate value exceeds the year-of-death threshold: total FMV of property subject to disposition by will or intestate succession, wherever located, less liens and encumbrances, exceeds twice the adjusted § 15-11-403 amount ($88,000 for a 2026 death). § 15-12-1201(1)(a)
  • Fewer than ten days have elapsed since the date of death. § 15-12-1201(1)(b)
  • An application or petition for appointment of a personal representative is pending, or has been granted, in any jurisdiction (not just Colorado). § 15-12-1201(1)(c); JDF 999 ¶2(e)
  • Real estate must be transferred, the affidavit is expressly not valid to transfer real property; formal or informal probate, or a determination-of-heirship proceeding, is required (JDF 999 ¶2(d); JDF 998 ¶1(b))
  • Affiant is not a successor or a person acting on behalf of a successor, or is under 18 (JDF 999 ¶2(a))
  • Creditors of the decedent are excluded, a "successor" is by definition a person other than a creditor (§ 15-10-201(51))
  • Motor vehicle titles: the Colorado DMV will not accept JDF 999; DR 2712 must be used instead (JDF 998, Other Notes ¶(e)), not a bar to the procedure, but JDF 999 alone will be rejected
  • Conditional, not a bar: to act on an instrument or evidence of indebtedness secured by real property (note/mortgage/deed of trust), the affidavit plus a death certificate or verification of death must first be recorded with the clerk and recorder of the county where the real property lies. § 15-12-1201(3.5)

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Colorado small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. No substantive legislative amendment to C.R.S. 15-12-1201 was identified in the last three years (FindLaw carries the section as current as of January 1, 2025; no 2024-2026 bill amending it surfaced). The threshold nonetheless changes every year through the automatic C.R.S. 15-10-112 cost-of-living mechanism applied to C.R.S. 15-11-403, so the effective figure has moved: Y.O.D. 2022 $74,000 -> 2023 $80,000 -> 2024 $82,000 -> 2025 $86,000 -> 2026 $88,000. Because the figure is keyed to year of death, an annual increase does not retroactively raise the cap for earlier deaths. Expect the 2027 figure to be published by the Colorado Department of Revenue before February 1, 2027 and to appear on the next JDF 998/999 revision. Form revisions: JDF 998 revised March 19, 2026; JDF 999 revised April 28, 2026; DR 2712 revised 04/30/26. Any product shipping Colorado content should re-verify JDF 998/999 each spring.

  • C.R.S. § 15-12-1201 (collection of personal property by affidavit)
  • C.R.S. § 15-12-1201(1)(a) (value test)
  • C.R.S. § 15-12-1201(1)(b) (ten-day waiting period)
  • C.R.S. § 15-12-1201(1)(c) (no PR pending/granted)
  • C.R.S. § 15-12-1201(1.5) (instruments payable to decedent/estate)
  • C.R.S. § 15-12-1201(2) (transfer agents of securities)
  • C.R.S. § 15-12-1201(3) (public officials over registered title)
  • C.R.S. § 15-12-1201(3.5) (recording where instrument is secured by real property)
  • C.R.S. § 15-12-1201(3.7) (safe deposit box; cross-ref § 15-10-111(1)(a)(I), (1)(b))
  • C.R.S. § 15-12-1201(4) (agency duties of person acting for successors)
  • C.R.S. § 15-12-1202(1) (discharge/safe harbor for payor)
  • C.R.S. § 15-12-1202(3) (liability for refusal without reasonable cause)
  • C.R.S. § 15-11-403 (exempt property; $30,000 base for deaths on/after Jan 1, 2012)
  • C.R.S. § 15-10-112 (cost-of-living adjustment; Department of Revenue publishes cumulative list before February 1)
  • C.R.S. § 15-10-201(51) (definition of "successor")
  • C.R.S. § 15-12-1203 and § 15-12-1204 (summary administrative procedure / closing by sworn statement, requires an appointed PR)
  • C.R.S. §§ 15-12-1301 to 15-12-1309 (determination of heirs, devisees, and property interests by special proceeding)
  • C.R.S. § 38-35-113 (recorded affidavits as prima facie evidence of heirship after 20 years)

What we're less sure about

  • Statutory text was read through colorado.public.law and FindLaw rather than leg.colorado.gov directly; all operative numbers (threshold table, 10-day wait, real-property exclusion, notarization, no court filing, no fee) are independently corroborated by two official Colorado Judicial Branch PDFs dated March and April 2026 that were read in full.
  • dmv.colorado.gov returned HTTP 403 to direct fetch, so DR 2712 could not be read page-by-page. Its revision date (04/30/26) and its year-of-death table were taken from the search index of that official state URL plus JDF 998's cross-reference. Confirm DR 2712's current table before shipping vehicle-transfer content.
  • The Colorado Department of Revenue's actual published 15-10-112 cumulative list page was not located. JDF 998 directs users to the DOR website 'for fiduciary income tax filing information' for additional year-of-death values. The $88,000 figure rests on the Judicial Branch forms, which is a strong source, but the DOR list is the statutory publisher of record and should be located for the audit trail.
  • C.R.S. 15-11-516 (custodian's duty to deliver a will to the court) was cited from knowledge, not read this session. Confirm whether and when a will must be lodged when a family uses JDF 999 instead of opening probate.
  • Whether the three-year ultimate time limitation in C.R.S. 15-12-108 constrains late use of the small estate affidavit was not researched.
  • No official Colorado source enumerating which assets are excluded from the threshold count (JTWROS, POD/TOD, beneficiary-designated life insurance and retirement accounts, trust assets) was located; the exclusion follows from the statutory phrase 'subject to disposition by will or intestate succession' but is an inference, not a cited rule.
  • Two incorrect figures are circulating in consumer/marketing content and were affirmatively checked and rejected: a '$70,000 real property equity / $140,000 combined' Colorado limit via 'summary administration' (no such affidavit or equity cap exists; contradicted by JDF 998 para 1(b) and JDF 999 para 2(d)), and an '$83 filing fee' with the probate court (contradicted by JDF 998 section 3). Neither should reach production copy.
  • Whether Colorado county clerks or individual banks impose extra-statutory requirements (certified vs. photocopy death certificate, institution-specific forms) varies in practice; JDF 998 para 4(c) notes only that 'some entities may require a certified copy of the death certificate.'

Kinclaim is not a law firm and does not provide legal advice. We provide self-help software and statutory forms.