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Colorado Small Estate Affidavit

Updated September 3, 2026. Quick answer: Colorado lets a small estate be settled with Sworn affidavit: “Collection of personal property by affidavit” (C.R.S. § 15-12-1201)., usable after a 10-day wait, and it is Not filed with the court. The affidavit is presented directly to the person or institution indebted to, or holding property of, the decedent, per C.R.S. § 15-12-1201(1): confirmed by the Colorado Judicial Branch’s own guide: “This process does not require a filing with the Court.”. Real estate: No: the affidavit “cannot be used to transfer real estate but may only be used to collect personal property” (official Colorado Judicial Branch guide JDF 998). A narrow exception: if a decedent-owned instrument (e.g., a mortgage/deed of trust) is itself a lien against real property, the affidavit may transfer that lien-instrument if recorded with the county clerk..

The verdicts

InstrumentSworn affidavit: “Collection of personal property by affidavit” (C.R.S. § 15-12-1201).
Wait after death10 days
Where it goesNot filed with the court. The affidavit is presented directly to the person or institution indebted to, or holding property of, the decedent, per C.R.S. § 15-12-1201(1): confirmed by the Colorado Judicial Branch’s own guide: “This process does not require a filing with the Court.”
Notarised?Yes
Reaches real estate?No: the affidavit “cannot be used to transfer real estate but may only be used to collect personal property” (official Colorado Judicial Branch guide JDF 998). A narrow exception: if a decedent-owned instrument (e.g., a mortgage/deed of trust) is itself a lien against real property, the affidavit may transfer that lien-instrument if recorded with the county clerk.
AuthorityC.R.S. § 15-12-1201

What the statute actually says

“At any time ten or more days after the date of death of a decedent, any person indebted to the decedent or having possession of any personal property… shall pay or deliver such property to a person claiming to be a successor of the decedent… upon being presented an affidavit made by or on behalf of the successor stating: (a) The fair market value of property owned by the decedent… does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112; (b) At least ten days have elapsed since the death of the decedent…” (C.R.S. § 15-12-1201(1)).

(C.R.S. § 15-12-1201)

The dollar limit

C.R.S. § 15-12-1201(1)(a): the fair market value of the decedent’s property (less liens) must not exceed twice the exempt-property allowance, cost-of-living-adjusted annually. The Colorado Judicial Branch publishes the resulting threshold by year of death (JDF 998, rev. March 19, 2026): 2026 = $88,000. No separate/higher figure exists for a surviving spouse.

All 51 limits, compared.

The form

Yes. Colorado Judicial Branch official forms: JDF 999 (“Collection of Personal Property by Affidavit”) and companion guide JDF 998, rev. March 19, 2026.

What could not be verified

Fully verified against primary sources: the official 2024 Colorado Revised Statutes PDF (content.leg.colorado.gov, Title 15, §§ 15-12-1201 through 15-12-1205, plus §§ 15-11-403 and 15-10-112) and the official Colorado Judicial Branch guide/form JDF 998 (rev. March 19, 2026), both downloaded and read in full this session.

When this route is the wrong one

  • The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
  • There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
  • Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
  • Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.

Related: whether Colorado requires the executor to post a bond.

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