Small estate affidavit in Colorado: limit, waiting period, form and where to file
Colorado lets heirs collect a small estate with the Collection of Personal Property by Affidavit instead of probate when the estate is under $82,000, at least 10 days have passed, and no probate has been opened. It never goes to court: you hand it to whoever holds the asset.
| Limit | $82,000 — for deaths in 2025 or later (adjusted annually) |
|---|---|
| Waiting period | 10 days from the date of death |
| With a will? | Works with or without a will. |
| Real estate? | Any real property means probate (informal probate in Colorado is relatively quick). |
| Form | Collection of Personal Property by Affidavit (JDF 999) C.R.S. §15-12-1201 |
| Where it goes | Not filed with any court — presented to the bank, DMV or employer holding the asset |
| Signing | Notarized; the affiant must wait 10 days after death and no personal representative may have been appointed |
Check whether your estate qualifies in Colorado
Colorado · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Colorado different
Colorado's 10-day wait is the shortest of any large state, and the judicial branch publishes the affidavit (JDF 999) with instructions. Most banks in the Denver area recognise the form on sight.
The limit is indexed every year; the affidavit itself states the figure for the year of death, so check the JDF form's current revision date before signing.
Vehicles go through the DMV with the same affidavit plus the title; the DMV will want the affidavit notarized.
Colorado counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Colorado counties people ask about most:
$0CO · NO COURT FILINGEl Paso County small estate affidavitNo court filing — present to the holder
$0CO · NO COURT FILINGArapahoe County small estate affidavitNo court filing — present to the holder
$0CO · NO COURT FILINGJefferson County small estate affidavitNo court filing — present to the holder
$0
Step by step in Colorado
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Colorado's limit ($82,000).
- Wait 10 days. Colorado requires 10 days from the date of death.
- Complete and sign the Colorado form. Collection of Personal Property by Affidavit (JDF 999). Notarized; the affiant must wait 10 days after death and no personal representative may have been appointed.
- Present it to each holder. Bank, DMV, employer — with a certified death certificate each time.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Colorado banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know C.R.S. §15-12-1201, the bank wants its own form as well, the waiting period was miscounted, or the notarization is missing. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Colorado requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Colorado; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Colorado?
$82,000 — for deaths in 2025 or later (adjusted annually). Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Colorado?
10 days from the date of death. After that you present it directly to the bank, DMV or employer — no court is involved.
Does the Colorado small estate affidavit work if there is a will?
Works with or without a will.
Can I use a small estate affidavit for a house in Colorado?
Any real property means probate (informal probate in Colorado is relatively quick).
Do I need a lawyer for a small estate affidavit in Colorado?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Colorado counties are covered?
Denver County, El Paso County, Arapahoe County, Jefferson County. Each county page names the office, the fee and any local form requirement.
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