Small Estate Affidavit Thresholds & Procedure in Colorado

At a glance

Requirements one by one

Governing law

Colo. Rev. Stat. § 15-12-1201, "Collection of personal property by affidavit," creates the no-court procedure. Its dollar figure isn't stated directly — it borrows and doubles the "exempt property" amount set in § 15-11-403, which is itself adjusted annually for inflation under § 15-10-112. All three sections have to be read together to know the current cap.

Dollar threshold

The affidavit is available once the fair market value of the decedent's property "subject to disposition by will or intestate succession," wherever located and after subtracting liens and encumbrances, comes to twice the amount set in § 15-11-403. That underlying figure is $30,000 as originally enacted for deaths on or after January 1, 2012, but § 15- 10-112 requires the Department of Revenue to recalculate it every year based on the Consumer Price Index, rounded to the nearest $1,000. The current published cap — confirmed via the state court system's own current affidavit form — is $88,000 for a death in 2026, up from $86,000 for 2025 and $82,000 for 2024. Always use the figure for the actual year of death, not the year you're filling out the paperwork.

Court filing required?

No. The affidavit goes straight to whoever holds the property — there's no petition and no judge. The statute does give a holder who wrongfully refuses to honor a valid affidavit some exposure: if a court later confirms the successor's right to the property in a separate proceeding, a holder who refused without reasonable cause is on the hook for costs and attorney fees.

Waiting period after death

10 days. This is one of the shorter waits in this survey — several other states require 30 to 45 days.

Works with a will, intestacy, or both?

Both. The statute covers property "subject to disposition by will or intestate succession" without limiting the procedure to either scenario, so it's available to a will beneficiary and an intestate heir alike.

Does it cover real property?

No — and Colorado doesn't offer any separate small-estate shortcut for real property the way some other states do. The official state form says plainly that the affidavit "is not valid for the transfer of real estate." There's a related but different provision, § 15-12-1201(3.5), that lets an affiant record a copy of the affidavit with the county clerk and recorder — but only when the decedent held an instrument secured by someone else's real property, like a mortgage or deed of trust the decedent was owed on. That's about collecting a debt the decedent was the lender on, not about transferring a house the decedent owned. An estate that includes real property the decedent owned generally needs a probate case, informal or formal, regardless of the estate's overall size.

Signature formalities

The statute itself just calls for a sworn "affidavit" without spelling out a witness or notary requirement in its own text. In practice, the state court system's own form (JDF 999) is signed under oath with a notary's acknowledgment block — "Subscribed and affirmed, or sworn to before me" — and has no separate witness signature lines at all.

Protection for the bank/holder

Strong. A person who pays, delivers, transfers, or issues property in reliance on the affidavit "is discharged and released to the same extent as if he or she dealt with a personal representative of the decedent," and isn't required to verify the truth of anything the affidavit says. That protection cuts both ways: a holder who wrongfully refuses to honor a valid affidavit, without reasonable cause, can be made to pay the successor's costs and attorney fees. Separately, anyone who collects property on behalf of another successor is treated as that successor's agent, with an agent's duties — and someone who receives property under the affidavit stays answerable to any later-appointed personal representative or anyone else with a superior claim to the estate.

What trips people up

The biggest trap is assuming the dollar figure is fixed — it changes every year, so a number that was correct last year can be wrong for a death this year; always check the year-of-death table, not just "the current cap." A second trap is assuming the affidavit can reach a house the same way it reaches a bank account: it can't, full stop, and the neighboring subsection about recording with the county clerk and recorder is easy to misread as a real-property transfer tool when it actually only concerns a debt secured by real property that the decedent was the lender or note-holder on — the decedent's own house is a completely different situation and isn't covered at all.

Common questions

What's the dollar limit for a 2026 death? $88,000, based on the decedent's property (less liens and encumbrances) at the time of death. This number is recalculated every year, so check the correct year-of- death figure rather than assuming it stays the same.

Can I use this to transfer my parent's house? No. Colorado's affidavit procedure doesn't cover real estate at all, regardless of the estate's total value; transferring real property generally requires a probate case.

How long do I have to wait after the death? 10 days — one of the shortest waiting periods among the states surveyed so far.

What if the bank refuses to accept my affidavit? You can bring a proceeding to compel payment or delivery, and if you prove your right to the property, a bank or other holder that refused without reasonable cause can be ordered to pay your costs and attorney fees.

Statutes and sources

• Colo. Rev. Stat. § 15-12-1201(1) — "At any time ten or more days after the date of death of a decedent, any person indebted to the decedent or having possession of any personal property, including but not limited to funds on deposit at, or any contents of a safe deposit box at, any financial institution; tangible personal property; or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand belonging to the decedent shall pay or deliver such property to a person claiming to be a successor of the decedent or acting on behalf of a successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating: (a) The fair market value of property owned by the decedent and subject to disposition by will or intestate succession at the time of his or her death, wherever that property is located, less liens and encumbrances, does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112; (b) At least ten days have elapsed since the death of the decedent; (c) No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (d) Each person is entitled to payment or delivery of the property as set forth in such affidavit." — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-06)
• Colo. Rev. Stat. § 15-12-1201(3.5) — "In the event that an instrument or other evidence of an indebtedness is secured by real property, in order to act on behalf of the holder of the indebtedness secured by a mortgage, deed of trust, or other security document, the person making the affidavit must record, with the clerk and recorder of the county where the real property is located, a copy of the affidavit and a copy of the decedent's death certificate or a verification of death document." — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-06)
• Colo. Rev. Stat. § 15-12-1202(1)-(3) — "(1) The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he or she dealt with a personal representative of the decedent. He or she is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. (2) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of the right of persons entitled thereto in a proceeding brought for the purpose by or on behalf of such persons. (3) If a proof of right has been established in a proceeding under subsection (2) of this section, any person to whom an affidavit was delivered and who refused, without reasonable cause, to pay, deliver, transfer, or issue any personal property or evidence thereof belonging to the decedent, as provided in section 15-12-1201, shall be liable for all costs, including reasonable attorney fees and costs, incurred by or on behalf of the persons entitled thereto." — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-06)
• Colo. Rev. Stat. § 15-11-403(1)(b)-(2) — "(b) On and after January 1, 2012, the decedent's surviving spouse is entitled to exempt property from the estate in the form of cash in the amount of or other property of the estate in the value of thirty thousand dollars in excess of any security interests therein. ... (2) The dollar amount stated in paragraph (a) or (b) of subsection (1) of this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112" — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-06)
• Colo. Rev. Stat. § 15-10-112(2)-(3) — "(2) The dollar amounts stated in sections 15-11-102, 15-11-202 (2), 15-11-403, and 15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts must be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. ... (3) Before February 1, 2012, and before February 1 of each succeeding year, the department of revenue shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2012 of each dollar amount as increased or decreased under this section." — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-06)
• Colorado Judicial Branch, JDF 999 — Collection of Personal Property by Affidavit — "The total fair market value of all property owned by the decedent and subject to disposition by will or intestate succession at the time of the decedent's death, wherever that property is located, less liens and encumbrances, does not exceed, for year of death (Y.O.D.): Y.O.D 2026 is $88,000; Y.O.D. 2025 is $86,000; Y.O.D. 2024 is $82,000 ... d) This affidavit is not valid for the transfer of real estate." — https://www.coloradojudicial.gov/media/8153 (accessed 2026-07-06)