Small estate checker for Colorado
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Collection of Personal Property by Affidavit (JDF 999)
| 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 |
10 days after the death.
Also in Colorado (not tested here)
These procedures have their own rules, so the checker does not test them. See the state page.
- Affidavit to collect a debt secured by real estate (C.R.S. 15-12-1201(3.5))
- Small estates summary administrative procedure
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
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$88,000January 1, 2025 to December 31, 2025$86,000January 1, 2024 to December 31, 2024$82,000January 1, 2023 to December 31, 2023$80,000January 1, 2022 to December 31, 2022$74,000January 1, 2020 to December 31, 2021$70,000The 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.
Law: C.R.S. 15-12-1201, 15-12-1202, 15-11-403, 15-10-112
Source: Official page
Bank accounts after a death in Colorado
When one owner of a joint account dies, the money belongs to the surviving owner. In a pay-on-death account, the money belongs to the named beneficiary after the owner dies. An account in the person's name alone is part of the estate: after 10 days, a successor can collect it, including the contents of a safe deposit box, with the small estate affidavit if the estate is under the limit.
Law: C.R.S. 15-15-212, 15-12-1201(1), (3.7)
Source: Official page
Surviving spouse in Colorado
Colorado has no separate small estate procedure for a spouse. In a probate case, the surviving spouse (or, if none, dependent children) is entitled to exempt property (a base of $30,000, adjusted for the cost of living) and a family allowance. Property the spouse receives as a joint owner or named beneficiary passes outside the estate.
Law: C.R.S. 15-11-403, 15-11-404
Related pages
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.
- Colorado Legal Services
- Colorado Bar Association: for the public
- Colorado Judicial Branch: Collection of Personal Property by Affidavit (JDF 999)
- Colorado Judicial Branch: Open an Estate
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372