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
| Instrument | Sworn affidavit: “Collection of personal property by affidavit” (C.R.S. § 15-12-1201). |
|---|---|
| Wait after death | 10 days |
| Where it goes | 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.” |
| 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. |
| Authority | C.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.
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.