Small Estate Affidavit in Colorado
How to collect a loved one's property in Colorado without full probate: the dollar limit, waiting period and official form.
Short answer: 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… C.R.S. § 15-12-1201; JDF 998 (rev. March 19, 2026)
| 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. |
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| Simplified probate | Colorado offers informal probate (no hearing; a probate registrar reviews the application) as well as formal probate. If the inventory shows the estate is worth no more than the exempt property and family allowances, administration costs, reasonable funeral expenses and last-illness medical bills, the personal representative may distribute immediately without notice to creditors and close the estate with a sworn statement. |
| Deadline for creditor claims | The personal representative publishes a notice to creditors once a week for three weeks. Claims that arose before death are barred unless presented by the date in the notice (no earlier than four months after first publication), by the date in any written notice sent to a creditor, and in any case within one year after death. Source: C.R.S. §§ 15-12-801, 15-12-803 |
Official forms
- Collection of Personal Property by Affidavit (Small Estate Affidavit), JDF 999
- Guide to Collecting a Decedent's Personal Property (small estate instructions), JDF 998
- Collection of Personal Property by Affidavit (JDF 999)
More Colorado estate law
- Medical Power of Attorney 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
- How to Avoid Probate in Colorado
- Transferring a Car After Someone Dies in Colorado
- All Colorado wills, probate and estate rules
FAQ
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.
Is there a simplified probate process in Colorado?
Colorado offers informal probate (no hearing; a probate registrar reviews the application) as well as formal probate. If the inventory shows the estate is worth no more than the exempt property and family allowances, administration costs, reasonable funeral expenses and last-illness medical bills, the personal representative may distribute immediately without notice to creditors and close the estate with a sworn statement.
How long do creditors have to file claims against an estate in Colorado?
The personal representative publishes a notice to creditors once a week for three weeks. Claims that arose before death are barred unless presented by the date in the notice (no earlier than four months after first publication), by the date in any written notice sent to a creditor, and in any case within one year after death.
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.