What are Colorado’s small estate affidavit rules?
C.R.S. 15-12-1201 lets a successor, or someone acting for one, collect personal property by affidavit when the property passing by will or inheritance, less liens and encumbrances, is worth no more than twice the exempt-property amount, adjusted each year for inflation. For deaths in 2026 that’s $88,000; it was $86,000 for 2025. Ten days must have passed and no personal representative can have been applied for.
Sources: C.R.S. 15-12-1201 and 15-12-1202, Collection of personal property by affidavit (2024 printout), checked October 19, 2026; JDF 999, Collection of Personal Property by Affidavit (rev. April 28, 2026), checked October 19, 2026; JDF 998, Guide to Collecting a Decedent’s Personal Property (rev. March 19, 2026), checked October 19, 2026; Fiduciary Income Tax Filing Information and the 2026 probate index, checked October 19, 2026.| Rule | Colorado |
|---|---|
| Dollar limit | $88,000 for deaths in 2026 ($86,000 for 2025), less liens and encumbrances |
| Waiting period | 10 days after the death |
| Where it goes | Straight to the bank or other holder. Not filed with a court, and no filing fee |
| Official form | JDF 999, Collection of Personal Property by Affidavit, with instructions in JDF 998 |
| Signing | Signed before a notary by someone 18 or older. No witnesses |
| Real estate | Can’t pass by this affidavit |
What will Kin Papers fill in for Colorado?
Kin Papers is building a Colorado file that fills in JDF 999 from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the 10-day wait and the deadlines after it. It won’t file anything for you or give legal advice.
Join the Colorado waitlist
We’re building Colorado’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who can sign a Colorado small estate affidavit?
A successor, someone entitled to the property under the will or Colorado’s inheritance rules, or a person acting for one or more successors. Form JDF 999 asks the signer to confirm they’re 18 or older, and it’s signed before a notary. When there are two or more successors, the one using the affidavit acts for all of them and has an agent’s duties to them.
What does the affidavit have to say?
Under C.R.S. 15-12-1201, the signer states that:
- The probate property, less liens and encumbrances, is worth no more than the limit ($88,000 for deaths in 2026).
- At least 10 days have passed since the death.
- No application or petition for a personal representative is pending or has been granted anywhere.
- The person claiming the property is entitled to it.
The court’s guide, JDF 998, says to attach a copy of the death certificate, and notes that some holders want a certified copy.
What happens if the bank refuses?
A holder that pays on the affidavit is released as if it had dealt with a personal representative, and doesn’t have to check the statements. Under C.R.S. 15-12-1202, a holder that refuses without reasonable cause is liable for costs and attorney fees once the right to the property is proved in court.
What if the estate is over the limit or includes a house?
The affidavit doesn’t reach real estate or estates over the limit. Those generally go through probate in the district court, or the Denver Probate Court in Denver. The court’s self-help center can explain the filings, and a lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what Colorado’s statute and court forms say, with links to each. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in Colorado
What is the Colorado small estate affidavit limit in 2026?
$88,000 for a death in 2026, from the Colorado Judicial Branch’s form JDF 999 and guide JDF 998. The statute sets the limit at twice the exempt-property amount, which the Department of Revenue lists as $44,000 for 2026. Earlier years were $86,000 (2025), $82,000 (2024) and $80,000 (2023).
How long do you have to wait in Colorado?
10 days after the death, under C.R.S. 15-12-1201. No application or petition for a personal representative can be pending or granted anywhere.
Do you file the Colorado small estate affidavit with the court?
No. The court’s guide, JDF 998, says the affidavit isn’t filed with the court and no filing fee is required. It goes to the bank or other holder, which must pay or deliver the property.
Can you use JDF 999 for a car?
The court’s guide says the Division of Motor Vehicles won’t accept JDF 999 and has its own form, DR 2712, for transferring a vehicle.