Colorado Small Estate Affidavit Checker

$88,000 for 2026 deaths, adjusted every year for inflation, and usable just 10 days after death — one of the more generous, and fastest, small estate thresholds in the country.

C.R.S. §15-12-1201, 15-10-112 FigureMyTax Editorial Team Free · no sign-up

Does this Colorado estate qualify?

Enter the personal property value to see whether the affidavit likely fits.

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Likely path for this Colorado estate
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$88,000, and it goes up every year

Under C.R.S. §15-12-1201, the collection-by-affidavit threshold applies when personal property, net of liens and encumbrances, doesn't exceed a dollar limit that's indexed annually for inflation under C.R.S. §15-10-112. For deaths in 2026, that figure is $88,000 — among the more generous thresholds in the country, and one that automatically keeps pace with rising asset values rather than sitting fixed for years like many states' limits.

Just 10 days, one of the shortest waits anywhere

Once 10 days have passed since the date of death, and no personal representative application is pending or granted, the affidavit can be presented — a notably short wait compared to the 30-45 days common in many other states.

Never real estate

The affidavit reaches personal property only — bank accounts, a final paycheck, vehicles, belongings. A house titled solely in the decedent's name still needs either a probate proceeding or a beneficiary deed recorded before death; the affidavit can't move it under any circumstances.

No court, straight to the holder

This is a sworn affidavit (Form JDF 999), presented directly to whoever holds the property — a bank, employer, or similar institution — not filed with the court. A separate form (DR 2712) handles vehicle titles through the Colorado DMV specifically.

Statewide limit, 64 counties

Denver, El Paso, Arapahoe, and Jefferson County among them — the inflation-indexed threshold and 10-day wait apply identically statewide.

Colorado small estate — frequently asked questions

What is Colorado's small estate affidavit limit for 2026?

$88,000 or less in personal property, net of liens and encumbrances, under C.R.S. §15-12-1201 — a figure indexed annually for inflation under C.R.S. §15-10-112, among the more generous thresholds in the country.

How long do I have to wait to use Colorado's small estate affidavit?

At least 10 days after the date of death, as long as no personal representative application is pending or has been granted.

Can Colorado's small estate affidavit transfer real estate?

No — the affidavit covers personal property only and cannot transfer real estate, even when the rest of the estate falls well under the $88,000 limit. A house titled solely in the decedent's name still needs probate or a beneficiary deed recorded before death.

Does Colorado's small estate affidavit need to be filed with a court?

No — it's a sworn affidavit (Form JDF 999) presented directly to whoever holds the property, such as a bank or employer, not filed with the court.

Can a Colorado small estate affidavit transfer a vehicle?

Yes — a separate form (DR 2712, Affidavit for Collection of Personal Property) handles vehicle title transfers through the Colorado DMV specifically.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Colorado statute (C.R.S. §15-12-1201, 15-10-112). Actual eligibility depends on the estate's full facts. Confirm with the District Court Probate Division or a licensed Colorado attorney before acting.