On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·
Est. MMXXVI · Advertiser-freeAdvisors never pay for placement
T
The Trusted Advisor
Retirement & estate planning, on the record❦Every fact sourced · Every advisor verified
Small Estate Procedures · Colorado

Colorado's indexed small-estate affidavit: personal property after 10 days

Colorado allows collection of personal property after 10 days when the net value of all property subject to disposition by will or intestacy is within the indexed ceiling, currently $88,000 for the governing year. The affidavit cannot transfer real estate.

Editorial review draft · Not certified for publication

Use the ceiling for the decedent's year of death and count all property subject to disposition by will or intestacy, wherever located, less liens and encumbrances. The annual figure changes, so an old affidavit or remembered limit is not a reliable substitute for the current Judicial Branch form.

Check eligibility before signing

  • At least 10 days have passed.
  • The net value of all property passing by will or intestacy is within the indexed ceiling for the year of death.
  • No personal representative is pending or appointed.
  • The affiant is an adult successor or acts for one or more successors.

Gather the required documents

  • JDF 999 Collection of Personal Property by Affidavit
  • Certified death certificate
  • Current indexed-limit instructions
  • Asset statements and values
  • Proof of identity and successor entitlement
  • Vehicle or securities paperwork required by the holder

Follow the state procedure

Complete the current Judicial Branch affidavit and present it to each holder; the affidavit is generally not filed to open a probate case. The holder may transfer qualifying property after checking the sworn statutory statements.

Know which property the shortcut reaches

The affidavit covers personal property, including accounts, safe-deposit-box contents, tangible property, debts, vehicles, and securities when their separate title requirements are met. Owning probate real estate does not by itself invalidate the affidavit, but the affidavit cannot transfer the real estate; that property needs a separate transfer route or probate case.

Understand the recipient's responsibility

A collecting successor is answerable to a later personal representative and other entitled people. The holder's reliance protection makes accurate year-of-death valuation and heirship especially important.

Use another route when these facts apply

  • The total net value of property passing by will or intestacy exceeds the indexed ceiling.
  • The real estate itself needs to be transferred.
  • A representative is pending or appointed.
  • Entitlement, value, or creditor issues are disputed.

Sources & methodology

Sources and current rules
Current rule$88,000 indexed whole-estate ceiling; personal-property affidavit after 10 daysC.R.S. § 15-12-1201 (Colorado Judicial Branch JDF 999) · current form

Methodology & sources

C.R.S. § 15-12-1201 (Colorado Judicial Branch JDF 999) supplies the headline rule and its stated conditions.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Colorado.

Sources reviewed August 23, 2026.