Small estate affidavit in Colorado: who can use it and how

A sworn statement you give to a bank, company or person holding the property, so they pay or deliver it to you. It is not filed with the court.

Up to $88,000 (deaths from January 1, 2026 to December 31, 2026), 10 days after the death, no court filing.

Checked against official sources: October 30, 2026.

Collection of Personal Property by Affidavit (JDF 999)

A sworn statement you give to a bank, company or person holding the property, so they pay or deliver it to you. It is not filed with the court.

Limit

Up to $88,000 (deaths from January 1, 2026 to December 31, 2026) Counted after subtracting liens (what is owed on the property).

Date of death	Limit
January 1, 2026 to December 31, 2026	$88,000
January 1, 2025 to December 31, 2025	$86,000
January 1, 2024 to December 31, 2024	$82,000
January 1, 2023 to December 31, 2023	$80,000
January 1, 2022 to December 31, 2022	$74,000
January 1, 2020 to December 31, 2021	$70,000

The limit depends on the year of death: $88,000 for 2026, $86,000 for 2025, $82,000 for 2024, $80,000 for 2023, $74,000 for 2022, and $70,000 for 2020 and 2021. The limit is twice the exempt property amount, which is adjusted for the cost of living.

What counts

The fair market value of everything the person owned that passes by will or by state inheritance law, wherever it is (including real estate), minus liens and encumbrances. Property that passes another way, such as joint, pay-on-death or beneficiary property, is left out.

Waiting period

At least 10 days must have passed since the death.

Who can use it

Any successor (a person, other than a creditor, who inherits under the will or under state law), or a person acting for one or more successors. The person signing must be 18 or older. A person who collects for other successors has the legal duties of an agent to them.

Court or where to file

Not filed with a court. You give it to the person or company holding the property.

Notary

Sign the affidavit before a notary. Each holder keeps a copy, so you may want several notarized copies.

Papers to attach

Copy of the death certificate (some holders ask for a certified copy)
A copy of the court's instructions (JDF 998), if you want to show the holder the legal authority

Steps

Wait until at least 10 days after the death.
Check that no one has applied to be personal representative in any state.
Fill in JDF 999 and list each successor and what each is entitled to.
Sign it before a notary.
Give the affidavit and a death certificate to the bank or other holder.
Give each successor their share of what you collect.

Fee

No filing fee, because the affidavit is not filed with the court (JDF 998).

Debts and responsibility

Anyone who receives property under the affidavit must answer for it to a personal representative appointed later or to anyone with a better right to the estate.

What the bank or holder must do

On the affidavit, the holder must pay or deliver the property; a transfer agent must re-register securities; a public official must change registered title. The holder is released from liability as if it dealt with a personal representative and does not have to check the truth of the affidavit. If the holder refuses, the people entitled can go to court; if they prove their right and the refusal was without reasonable cause, the holder pays all their costs, including reasonable attorney fees.

Forms

Law: C.R.S. 15-12-1201, 15-12-1202, 15-11-403, 15-10-112

Source: Official page

What counts toward the limit in Colorado

Add up the fair market value, on the date of death, of everything the person owned that passes by will or by state inheritance law, wherever it is, and subtract liens and encumbrances. Real estate is counted in this total even though the affidavit cannot transfer it. Property that passes another way (joint ownership with survivorship, pay-on-death or transfer-on-death, beneficiary designation, beneficiary deed, trust) is not counted.

Law: C.R.S. 15-12-1201(1)(a)

In this state the total is counted after subtracting liens.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no pay-on-death beneficiary, count. Law: C.R.S. 15-12-1201(1)
Joint or payable-on-death (POD) bank accounts	Left out	Joint accounts with a surviving owner and pay-on-death accounts belong to the survivor or beneficiary and do not pass by will, so they are not counted. Law: C.R.S. 15-12-1201(1)(a), 15-15-212
Cars and other vehicles	Counts	A vehicle in the person's name alone counts, minus any loan. A vehicle with a transfer-on-death beneficiary or a surviving joint owner is not counted. Law: C.R.S. 15-12-1201(1)(a); DMV form DR 2712
Boats and mobile or manufactured homes	Counts	A boat or mobile home in the person's name alone that passes by will or inheritance counts, minus liens. Law: C.R.S. 15-12-1201(1)(a)
Real estate in Colorado	Counts	Real estate that passes by will or inheritance counts toward the total, minus mortgages, even though the affidavit cannot transfer it. Real estate held in joint tenancy or with a recorded beneficiary deed is not counted. Law: C.R.S. 15-12-1201(1)(a); JDF 999 para. 2(d)
Main home (primary residence)	Counts	The person's home counts, minus the mortgage, if it passes by will or inheritance. It is not counted if held in joint tenancy or with a beneficiary deed. Law: C.R.S. 15-12-1201(1)(a)
Real estate in another state	Counts	Property is counted 'wherever that property is located', so real estate in other states that passes by will or inheritance counts. Law: C.R.S. 15-12-1201(1)(a)
Unpaid wages owed to the person	Counts	Money owed to the person, such as a final paycheck, counts as personal property. Law: C.R.S. 15-12-1201(1), (1.5)
Military pay owed to the person	Not clear	Ask the court self-help center how military pay owed to the person is treated. Law: C.R.S. 15-12-1201
Life insurance or retirement money paid to a named person	Left out	Life insurance and retirement benefits paid to a named beneficiary do not pass by will or inheritance, so they are not counted. Law: C.R.S. 15-12-1201(1)(a)
Life insurance or retirement money paid to the estate	Counts	Benefits payable to the person or the estate are treated as the person's property and count. Law: C.R.S. 15-12-1201(1.5)
Property in a living trust	Left out	Property in a trust passes under the trust, not by will or inheritance, so it is not counted. Law: C.R.S. 15-12-1201(1)(a)
Property owned jointly with right of survivorship	Left out	Property in joint tenancy with right of survivorship passes to the surviving owner and is not counted. Law: C.R.S. 15-12-1201(1)(a)
Property going to a surviving spouse	Counts	Property that passes to a spouse under the will or by inheritance counts. Property the spouse gets as a joint owner or beneficiary is not counted. Law: C.R.S. 15-12-1201(1)(a)
Stocks, bonds and brokerage accounts	Counts	Stocks and bonds in the person's name alone, with no transfer-on-death beneficiary, count. Law: C.R.S. 15-12-1201(1)-(2)
Furniture, jewelry and other belongings	Counts	Furniture, jewelry and other belongings count at fair market value. Law: C.R.S. 15-12-1201(1)

Source: Official page

Questions about small estates in Colorado

How long must I wait to use the affidavit in Colorado?

At least 10 days must have passed since the death.

What does the affidavit cost in Colorado?

No filing fee, because the affidavit is not filed with the court (JDF 998).

Am I responsible for debts if I use the affidavit in Colorado?

Anyone who receives property under the affidavit must answer for it to a personal representative appointed later or to anyone with a better right to the estate.

Free help in Colorado

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.