Colorado Small Estate Affidavit
If a Colorado estate's personal property is at or under the inflation-adjusted limit — $88,000 for deaths in 2026 — heirs can collect it using a Collection of Personal Property by Affidavit, with no court case, once 10 days have passed since the death. It can't be used to transfer real estate.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
The fastest way to settle a Colorado estate is to avoid probate entirely with a small-estate affidavit — when the estate is small enough.
The 2026 limit
For deaths in 2026, the estate’s personal property must be $88,000 or less to use the Collection of Personal Property by Affidavit (Colorado Judicial Branch form JDF 999). The limit is adjusted for inflation by the year of death — recent figures:
| Year of death | Limit |
|---|---|
| 2026 | $88,000 |
| 2025 | $86,000 |
| 2024 | $82,000 |
| 2023 | $80,000 |
Always confirm the current figure on the JDF 999 form before relying on it.
How it works
- Wait 10 days after the date of death (C.R.S. §15-12-1201).
- Confirm the estate qualifies — personal property at or under the limit, and no real estate to transfer this way.
- Complete the affidavit (JDF 999) under oath.
- Present it to whoever holds the asset — a bank, brokerage, or other holder — who releases the property to the successor. You do not file it with the court.
The catch: no real estate
The affidavit covers personal property only. It cannot transfer a house or land — real property generally requires going through informal or formal probate.
If the estate is too big or includes real estate, see the Colorado probate process and costs. To get help, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What is the small estate limit in Colorado for 2026?
- For deaths in 2026, the limit is $88,000 (per Judicial Council form JDF 999). The figure is adjusted for inflation by year of death — for example it was $86,000 in 2025 and $82,000 in 2024. Always check the current JDF 999 form.
- How long do I have to wait?
- At least 10 days must pass after the date of death before you can use the affidavit (C.R.S. §15-12-1201).
- Do I file the affidavit with the court?
- No. The Collection of Personal Property by Affidavit is not filed with the court — you present it to whoever holds the asset (a bank, for example), who then releases it to the successor.
- Can I transfer a house with a small estate affidavit?
- No. The affidavit covers personal property only — it can't be used to transfer real estate. Real property generally requires probate.
Sources
Related guides
- Colorado Personal Representative Duties A Colorado personal representative is a fiduciary who must notify interested parties (within 30 days of appointment), inventory the estate's assets (within 90 days), give notice to creditors and handle their claims, pay valid debts and taxes, and distribute what remains before closing the estate.
- Colorado Probate Costs & Fees Colorado does not set probate attorney or personal-representative fees as a percentage of the estate. Instead, both are entitled to reasonable compensation (C.R.S. §15-10-602), judged by factors like time and complexity. On top of fees, expect a court filing fee (about $229 to open a standard decedent's estate as of early 2025) plus costs like publication and appraisals.
- Do You Need a Lawyer for Colorado Probate? Colorado doesn't require a lawyer for probate, and its informal probate process is relatively DIY-friendly with the Judicial Branch's self-help forms. But because Colorado attorneys charge reasonable (often hourly) fees rather than a percentage, hiring counsel is usually worth it for formal probate, disputes, real estate, or larger estates.
- The Colorado Probate Process: Informal vs. Formal Colorado offers three paths to settle an estate: a small-estate affidavit (no court case), informal probate handled by a registrar with no hearing, and formal probate before a judge when there's a dispute. Most cases are filed in the county District Court — except in Denver, which has its own Probate Court.
- Related area: Estate Planning & Administration in Colorado