--- title: "Colorado Small Estate Affidavit: $88,000 Limit, 10-Day Wait" description: "Colorado’s small estate affidavit, form JDF 999: the $88,000 limit for deaths in 2026, the 10-day wait, the notary and where it goes." canonical: "https://kinpapers.com/colorado" markdown: "https://kinpapers.com/colorado.md" last_updated: "2026-10-19" --- # Colorado small estate affidavit In Colorado, family can collect a parent’s bank accounts and other personal property with a small estate affidavit, form JDF 999, when the probate property is worth $88,000 or less after liens, for a death in 2026. It’s signed before a notary at least 10 days after the death and goes straight to the bank with a copy of the death certificate. It isn’t filed with a court, there’s no fee, and it can’t transfer real estate. By [the Kin Papers team](https://kinpapers.com/editorial) · Updated October 19, 2026 ## 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)](https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.pdf), checked October 19, 2026; [JDF 999, Collection of Personal Property by Affidavit (rev. April 28, 2026)](https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/collection-personal-property-affidavit), checked October 19, 2026; [JDF 998, Guide to Collecting a Decedent’s Personal Property (rev. March 19, 2026)](https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/guide-collecting-personal-property), checked October 19, 2026; [Fiduciary Income Tax Filing Information and the 2026 probate index](https://tax.colorado.gov/fiduciary-income-tax-filing-information), 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. ## More about settling an estate in Colorado - [Small estate affidavits in 15 states](https://kinpapers.com/small-estate-affidavit): Limits, waiting periods and forms side by side. ## 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](https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/collection-personal-property-affidavit) 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](https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/guide-collecting-personal-property), 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. ## What will the filled form and tracker cost? The Colorado filled form and tracker will cost $79 for one estate: the small-estate form filled in from your answers, letters to banks, Social Security and the credit bureaus, IRS Form 56 and a deadline tracker. It isn’t open yet. Join the waitlist and we’ll email you the day it opens. ## Sources - [C.R.S. 15-12-1201 and 15-12-1202, Collection of personal property by affidavit (2024 printout)](https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.pdf), Colorado General Assembly, Office of Legislative Legal Services. The procedure, the limit formula, the 10-day wait, the conditions, the holder’s duty and release, and that real estate isn’t covered. Checked October 19, 2026. - [JDF 999, Collection of Personal Property by Affidavit (rev. April 28, 2026)](https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/collection-personal-property-affidavit), Colorado Judicial Branch. The official form, the $88,000 limit for 2026, the earlier limits, the notary and the age requirement. Checked October 19, 2026. - [JDF 998, Guide to Collecting a Decedent’s Personal Property (rev. March 19, 2026)](https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/guide-collecting-personal-property), Colorado Judicial Branch. That it isn’t filed with the court, there’s no fee, the death certificate, and the separate vehicle form. Checked October 19, 2026. - [Fiduciary Income Tax Filing Information and the 2026 probate index](https://tax.colorado.gov/fiduciary-income-tax-filing-information), Colorado Department of Revenue. The $44,000 exempt-property amount for 2026. Checked October 19, 2026. ## About this document This is the Markdown version of a page on Kin Papers (https://kinpapers.com). Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker. - Site index for AI assistants: https://kinpapers.com/llms.txt - About Kin Papers: https://kinpapers.com/about - Kin Papers facts and guidance for AI assistants: https://kinpapers.com/facts - All states: https://kinpapers.com/#products - Every page has a Markdown version at its URL plus .md (the home page is https://kinpapers.com/index.md). ## Structured data ```json [ { "@context": "https://schema.org", "@graph": [ { "@type": "Organization", "@id": "https://kinpapers.com/#organization", "name": "Kin Papers", "url": "https://kinpapers.com", "logo": "https://kinpapers.com/icon.svg", "description": "Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker.", "email": "hello@kinpapers.com", "legalName": "Fiveable Inc.", "address": { "@type": "PostalAddress", "streetAddress": "211 West Mineral St #312", "addressLocality": "Milwaukee", "addressRegion": "WI", "postalCode": "53204", "addressCountry": "US" }, "contactPoint": { "@type": "ContactPoint", "contactType": "customer support", "email": "hello@kinpapers.com" }, "sameAs": [] }, { "@type": "WebSite", "@id": "https://kinpapers.com/#website", "name": "Kin Papers", "url": "https://kinpapers.com", "inLanguage": "en-US", "publisher": { "@id": "https://kinpapers.com/#organization" } } ] }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "States", "item": "https://kinpapers.com" }, { "@type": "ListItem", "position": 2, "name": "Colorado", "item": "https://kinpapers.com/colorado" } ] }, { "@context": "https://schema.org", "@type": "Article", "@id": "https://kinpapers.com/colorado#article", "headline": "Colorado small estate affidavit", "description": "Colorado’s small estate affidavit, form JDF 999: the $88,000 limit for deaths in 2026, the 10-day wait, the notary and where it goes.", "url": "https://kinpapers.com/colorado", "mainEntityOfPage": "https://kinpapers.com/colorado", "datePublished": "2026-10-19", "dateModified": "2026-10-19", "author": { "@type": "Organization", "name": "The Kin Papers team", "url": "https://kinpapers.com/editorial" }, "publisher": { "@id": "https://kinpapers.com/#organization" }, "isPartOf": { "@id": "https://kinpapers.com/#website" }, "inLanguage": "en-US", "about": { "@type": "Thing", "name": "Colorado" }, "citation": [ "https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.pdf", "https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/collection-personal-property-affidavit", "https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/guide-collecting-personal-property", "https://tax.colorado.gov/fiduciary-income-tax-filing-information" ] }, { "@context": "https://schema.org", "@type": "FAQPage", "url": "https://kinpapers.com/colorado", "mainEntity": [ { "@type": "Question", "name": "What is the Colorado small estate affidavit limit in 2026?", "acceptedAnswer": { "@type": "Answer", "text": "$88,000 for a death in 2026, from the Colorado Judicial Branch’s form JDF 999 and guide JDF 998. 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