Skip to content
PayByTown

Small estate affidavit in Colorado (2026)

In Colorado, heirs can collect up to $88,000 without probate with a sworn affidavit (Collection of Personal Property by Affidavit (C.R.S. 15-12-1201; form JDF 999)). You must wait 10 days after the death. Real estate: not covered. Last checked .

Colorado at a glance

Affidavit cap
$88,000
Applies to
deaths in 2026 (the cap follows the decedent's year of death)
Value counted
Net value (after liens and encumbrances)
Waiting period
10 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Summary administration of small estates (C.R.S. 15-12-1203, 15-12-1204)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Colorado cap for this date of death

    $88,000

    A worked example for Colorado

    Say a parent who lived in Colorado died on March 1, 2026, leaving $70,400 in a bank account in their name only and no house. $70,400 is within the $88,000 cap for that date of death, so the family can use the affidavit from March 11, 2026. Had the death been in an earlier period, the cap would have been $86,000, $82,000, $80,000, $74,000, $70,000.

    The rules in Colorado

    • The affidavit. A successor, or someone acting for the successors, signs a notarized affidavit and presents it with a death certificate to whoever holds the decedent's personal property, such as a bank. The affidavit is not filed with the court.
    • Cap. For a 2026 death, the net probate estate cannot exceed $88,000. The amount is indexed and depends on the year of death.
    • What counts. The fair market value of all property the decedent owned that passes by will or intestacy, wherever located, less liens and encumbrances. Real estate value is included even though the affidavit cannot transfer real estate.
    • What doesn't count. Property that does not pass by will or intestacy, such as joint-with-survivorship, POD/TOD and beneficiary-designated assets.
    • Earlier caps. $86,000: deaths in 2025; $82,000: deaths in 2024; $80,000: deaths in 2023; $74,000: deaths in 2022; $70,000: deaths in 2020 and 2021
    • Waiting period. At least 10 days must have passed since the death.
    • Conditions. No application or petition to appoint a personal representative may be pending or granted in any jurisdiction. The affiant must be 18 or older. Anyone collecting for other successors acts as their agent and must distribute to them. Recipients must account to any personal representative appointed later.
    • Who can sign. Any successor (a person other than a creditor who is entitled to the property under a will or by statute, such as a spouse or children), or any person acting for one or more successors.
    • Court filing. The affidavit is handled directly between the successor and the holder. A holder who refuses without reasonable cause is liable for costs and attorney fees.
    • Fee. No filing fee (not filed with the court)

    Houses, land and vehicles

    • Real estate. The affidavit cannot transfer real estate. It can transfer a mortgage or deed of trust the decedent held as a lien on real estate, but only if the affidavit is recorded with the county clerk and recorder along with proof of death. Otherwise land needs probate, unless it passes outside probate.
    • Vehicles. Colorado DMV does not accept JDF 999. It requires its own affidavit, DR 2712, to retitle a decedent's vehicle.

    When the affidavit isn't enough

    If a personal representative is appointed and the estate, less liens, does not exceed the family allowances, exempt property, administration costs, funeral costs and last-illness medical costs, the representative may distribute right away without notice to creditors. The estate is closed by a sworn statement. There is no fixed dollar cap.

    Good to know in Colorado

    • The dollar cap is adjusted annually and depends on the year of death. The Judicial Branch's JDF 998/999 list the figures, and JDF 998 points to the Department of Revenue's fiduciary tax information for other years.
    • Colorado's statutes are hosted on a third-party (LexisNexis) site. The figures and rules here come from the Judicial Branch's official forms JDF 998 (R: March 19, 2026) and JDF 999 (R: April 28, 2026), which cite C.R.S. 15-12-1201 and -1202.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

    More for Colorado

    Everything for Colorado on one page