How to Avoid Probate in Colorado
The legal ways to pass property outside probate in Colorado: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options in Colorado include: beneficiary deeds for real estate, recorded before death (C.R.S. § 15-15-402 and following); payable-on-death and joint survivorship accounts (C.R.S. §§ 15-15-212, 15-15-223); C.R.S. §§ 15-15-212, 15-15-223, 15-15-301, 15-15-402, 15-5-602, 15-12-1201; Colorado DMV form DR 2009
| Ways to avoid probate | Non-probate options in Colorado include: beneficiary deeds for real estate, recorded before death (C.R.S. § 15-15-402 and following); payable-on-death and joint survivorship accounts (C.R.S. §§ 15-15-212, 15-15-223); transfer-on-death registration of securities (C.R.S. § 15-15-301 and following); a Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) for vehicles, completed by the owner before death; joint tenancy with right of survivorship; property in a funded revocable trust (C.R.S. § 15-5-602); and the small estate affidavit for personal property up to $88,000 for 2026 deaths (C.R.S. § 15-12-1201). |
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| Small estate affidavit | A successor can collect the decedent's personal property (bank accounts, safe deposit box contents, vehicles, stocks, money owed) by presenting an affidavit (form JDF 999) to whoever holds it, if at least 10 days have passed since death, no personal representative has been appointed or applied for anywhere, and the estate's value less liens is no more than the inflation-adjusted limit for the year of death: $88,000 for 2026 deaths, $86,000 for 2025, $82,000 for 2024. The affidavit is not filed with the court and cannot be used to transfer real estate. The limit is twice the inflation-adjusted exempt property amount and changes each year. |
| Transfer-on-death deed | Yes, called a beneficiary deed. The owner signs a deed naming a grantee-beneficiary that says it 'conveys on death' or 'transfers on death' (or otherwise shows it takes effect at death) and records it with the county clerk and recorder before the owner dies. The beneficiary has no rights during the owner's life, and the owner can revoke or change it by recording a new instrument (not by will). The statute provides a form. |
More Colorado estate law
- Medical Power of Attorney in Colorado
- Small Estate Affidavit in Colorado
- Power of Attorney in Colorado
- Quitclaim Deeds and Transferring Property in Colorado
- Who Inherits If You Die Without a Will in Colorado
- How to Make a Valid Will in Colorado
- How Probate Works in Colorado
- Living Wills and Advance Directives in Colorado
- Revocable Living Trusts in Colorado
- Executor Duties in Colorado
- Letters Testamentary in Colorado
- Affidavit of Heirship in Colorado
- Transferring a Car After Someone Dies in Colorado
- All Colorado wills, probate and estate rules
FAQ
How can you avoid probate in Colorado?
Non-probate options in Colorado include: beneficiary deeds for real estate, recorded before death (C.R.S. § 15-15-402 and following); payable-on-death and joint survivorship accounts (C.R.S. §§ 15-15-212, 15-15-223); transfer-on-death registration of securities (C.R.S. § 15-15-301 and following); a Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) for vehicles, completed by the owner before death; joint tenancy with right of survivorship; property in a funded revocable trust (C.R.S. § 15-5-602); and the small estate affidavit for personal property up to $88,000 for 2026 deaths (C.R.S. § 15-12-1201).
What is the small estate limit in Colorado?
A successor can collect the decedent's personal property (bank accounts, safe deposit box contents, vehicles, stocks, money owed) by presenting an affidavit (form JDF 999) to whoever holds it, if at least 10 days have passed since death, no personal representative has been appointed or applied for anywhere, and the estate's value less liens is no more than the inflation-adjusted limit for the year of death: $88,000 for 2026 deaths, $86,000 for 2025, $82,000 for 2024. The affidavit is not filed with the court and cannot be used to transfer real estate.
Does Colorado allow transfer-on-death deeds?
Yes, called a beneficiary deed. The owner signs a deed naming a grantee-beneficiary that says it 'conveys on death' or 'transfers on death' (or otherwise shows it takes effect at death) and records it with the county clerk and recorder before the owner dies. The beneficiary has no rights during the owner's life, and the owner can revoke or change it by recording a new instrument (not by will). The statute provides a form.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.