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Colorado Small Estate Affidavit
Pillar GuideColorado9 min read

Colorado Small Estate Affidavit

Colorado's small estate affidavit (JDF 999) lets successors collect a personal estate of $88,000 or less for 2026 deaths, 10 days after death, no court filing.

By Settled Editorial

A Colorado small estate affidavit lets a successor collect a deceased person's personal property without opening a probate case or being appointed personal representative. You can use it when the estate's property subject to a will or intestate succession, less liens and encumbrances, is $88,000 or less for a 2026 death, at least 10 days have passed since the death, and no personal representative appointment is pending or granted anywhere. The rule lives at C.R.S. 15-12-1201, and the Colorado Judicial Branch publishes the form as JDF 999, called the Collection of Personal Property by Affidavit.

The affidavit never goes to a courthouse. You sign it before a notary, attach a death certificate, and hand it to the bank or other holder of the property. There is no filing and no court fee. If you are still sorting out the bigger picture, start with the Colorado probate guide.

The $88,000 / 10-Day Test

Four statements have to be true before a successor signs JDF 999, and the affidavit itself recites them (C.R.S. 15-12-1201(1)):

CheckWhat to confirm
Estate sizeFair market value of property subject to disposition by will or intestate succession, wherever located, less liens and encumbrances, is within the year-of-death limit ($88,000 for 2026 deaths)
TimingAt least 10 days have passed since the date of death
Court statusNo application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
EntitlementEach person named in the affidavit is entitled to the payment or delivery it describes

If all four line up, the holder of the property must pay or deliver it to the successor named in the affidavit. The successor signs under oath before a notary and takes on real duties to the other people entitled.

The Limit Depends on the Year of Death

Colorado indexes the small estate limit for inflation. 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. The number that controls is the one for the year the person died, not the year you sign the affidavit. The official JDF 998 instructions publish the current table:

Year of deathLimit
2026$88,000
2025$86,000
2024$82,000
2023$80,000
2022$74,000
2020 and 2021$70,000

Many older articles still quote $50,000, $64,000, or $70,000. Those numbers are stale. Check the current JDF 998 table or the Department of Revenue's probate index before you rely on a figure.

What the Affidavit Can Collect, and What Counts Toward the Limit

The affidavit reaches personal property only. Under C.R.S. 15-12-1201 that includes:

  • bank accounts and other funds on deposit
  • the contents of a safe deposit box
  • tangible personal property, such as household goods
  • final paychecks, refunds, and other debts owed to the person
  • stocks and other securities, which the transfer agent must re-register to the successor
  • checks and other instruments payable to the person or the estate, which the successor may endorse and collect

The affidavit cannot transfer Colorado real estate. A house or land titled solely in the deceased person's name needs a probate case in the District Court of the county where the person lived, or the Denver Probate Court for the City and County of Denver. One narrow exception involves paper, not land: if the person held a note secured by a mortgage or deed of trust on someone else's property, the successor records the affidavit and a death certificate with the county clerk and recorder to act on it (C.R.S. 15-12-1201(3.5)).

Toward the dollar limit, count only property that would pass by will or intestate succession. Joint tenancy assets, payable-on-death accounts, life insurance and retirement accounts with a living named beneficiary, and property in a living trust pass outside probate and do not count. The how to avoid probate in Colorado guide maps those nonprobate categories in one place. Subtract liens and encumbrances from what remains. If the net probate total is over the year-of-death limit, the affidavit path does not fit.

Who Can Sign

A successor signs JDF 999: a person, other than a creditor, entitled to the property under the will or under Colorado's intestate succession rules (C.R.S. 15-10-201(51)). If there is no will, the Colorado intestate succession guide explains who inherits and in what shares.

One person can also sign on behalf of other successors. The statute treats that person 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)). Whoever collects the property must distribute it to everyone entitled, and anyone who receives property under the affidavit remains answerable to a later-appointed personal representative or to any person with a superior right (C.R.S. 15-12-1202(4)). Identify the full list of successors correctly before anyone signs.

How To Use It, Step by Step

  1. Wait until at least 10 days have passed since the date of death.
  2. Confirm no personal representative appointment is pending or granted in Colorado or any other state.
  3. List the property that would pass by will or intestate succession, subtract liens and encumbrances, and confirm the total is within the year-of-death limit.
  4. Identify every successor and each person's share.
  5. Download JDF 999 and read the JDF 998 instructions.
  6. Complete the affidavit and sign it before a notary. Notarize several copies, because each bank or holder keeps one.
  7. Attach a copy of the death certificate. Some institutions require a certified copy, so order one early. The death certificate guide covers how.
  8. Present the affidavit and death certificate to each holder, collect the property, then pay valid debts and distribute the rest to the successors.

Nothing gets filed with a court, and no filing fee applies.

Vehicles: The DMV Wants DR 2712, Not JDF 999

The statute requires the public official in charge of any registered title to re-title personal property on presentation of the affidavit (C.R.S. 15-12-1201(3)). The Colorado DMV instead 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.

What the Holder Must Do

The statute protects both sides of the handoff under C.R.S. 15-12-1202:

  • A bank or other holder that pays on the affidavit is discharged and released as if it had dealt with a court-appointed personal representative. It does not have to verify the statements in the affidavit or track what happens to the money.
  • If a holder refuses, the successor can sue to compel payment. A holder that refused without reasonable cause is liable for the successor's costs, including reasonable attorney fees, and the holder bears the burden of proving its cause was reasonable.

That fee-shifting rule, added in 2014, gives institutions a strong reason to honor a properly completed JDF 999.

When the Affidavit Does Not Fit

Use a different path when:

  • the net probate estate is over the year-of-death limit
  • the estate includes solely owned Colorado real estate
  • a personal representative appointment is pending or granted anywhere
  • successors disagree, or you cannot confirm who is entitled
  • debts look larger than the property, and someone needs authority to sort out claims

The usual next step is opening probate in the county District Court, or the Denver Probate Court for Denver. Compare informal and formal probate in the Colorado probate guide, check what opening a case costs in the Colorado probate costs guide, and see what the appointed person takes on in the personal representative duties guide. Estates that open probate but turn out to be worth less than the family protections and expenses can close fast through summary administration under C.R.S. 15-12-1203. The Colorado probate timeline shows how those deadlines run.

Quick Checklist

  1. At least 10 days have passed since the death.
  2. The net probate estate is within the year-of-death limit ($88,000 for 2026 deaths).
  3. No personal representative appointment is pending or granted anywhere.
  4. The property is personal property, not real estate.
  5. Every successor is identified, with the right shares.
  6. JDF 999 is complete, notarized, and paired with a death certificate.
  7. Vehicles go through the DMV on form DR 2712.
  8. Whoever collects pays valid debts and distributes to every successor.

A Colorado small estate affidavit can spare a family months of probate over a few accounts and a car. It is still a sworn statement with agent-level duties attached. Treat it as a real legal document, not just a form to download.

This guide is general information about Colorado estates. It is not legal advice. Confirm anything that affects your situation with the official JDF instructions, the District Court or Denver Probate Court for your county, or a licensed Colorado attorney.

Sources

Sources:

Information current as of June 10, 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.

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