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

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

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.

Do you qualify?

Qualifying threshold: $88,000 for 2026 deaths (indexed annually by year of death)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. The statute sets it at twice the exempt property amount in C.R.S. 15-11-403, as adjusted each year under C.R.S. 15-10-112. JDF 999 lists year-of-death amounts: 2026 is $88,000; 2025 is $86,000; 2024 is $82,000; 2023 is $80,000; 2022 is $74,000; 2020 and 2021 are $70,000. Confirm the amount for the date of death before filing or distributing.
Waiting period: At least 10 days after death
Court filing fee: $0 (no court filing; the affidavit is presented to asset holders)
Attorney: Not typically neededNo statewide attorney requirement; counsel may help with disputes, debts, or unclear heirs
Real estate: Not covered by this procedureThe 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.

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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. One person signing on behalf of other successors acts as an agent for every other successor, with an agent's duties and an agent's liability for any breach (C.R.S. 15-12-1201(4)).

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 included
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: Can be included
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: Can be included
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

Covered in the "Do you qualify?" checklist at the top of this page.

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).

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 (or the Denver Probate Court for the City and County of Denver).

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.

Can I use JDF 999 for a Colorado vehicle title?

No. The Colorado DMV uses its own affidavit form, DR 2712, for cars, motorcycles, and motor homes, and the JDF 998 instructions warn that the DMV will not accept JDF 999. Get DR 2712 from the Colorado DMV and use it for vehicle titles. The vehicle's value still counts toward the small estate limit.

Official Forms, Sources, and VerificationOfficial references used for this page

JDF 999, Collection of Personal Property by AffidavitColorado Judicial Branch. Form revised April 28, 2026; accessed June 16, 2026.
C.R.S. 15-12-1201, Collection of personal property by affidavitColorado General Assembly. Current statute text, accessed June 16, 2026.
List of FeesColorado Judicial Branch. Accessed June 16, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and 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.