Colorado Small Estate: Limit & How-To

Ten days, one form, and a straight walk to the bank — genuinely one of the fastest small estate processes in the country.

C.R.S. §15-12-1201 · Form JDF 999

Quick answer: once 10 days have passed and personal property is at or under the $88,000 2026 limit, complete Form JDF 999 and present it directly to each bank, employer, or institution holding the decedent's personal property. Check whether an estate qualifies with the Colorado small estate checker.

Step by step

  1. Wait 10 days from the date of death.
  2. Total the personal property, net of liens and encumbrances, excluding jointly held property, assets with designated beneficiaries, and life insurance proceeds.
  3. Confirm no personal representative application is pending or has been granted.
  4. Complete Form JDF 999, listing the property and confirming your status as a lawful successor.
  5. Present it directly to each bank, employer, or institution holding the property, along with proof of death.

No attorney required, but personal liability applies

You aren't legally required to have a lawyer to complete this process — it's designed to be simple enough for individuals. But the affiant becomes personally liable for any claims or debts of the estate up to the value of the property received, which is what gives institutions the confidence to release assets on a properly completed affidavit.

The threshold follows the year of death, not the filing date

The dollar limit that applies is the one in effect for the year the decedent died — the Colorado Judicial Branch publishes the current figure through its JDF 998 guide, so an estate from an earlier year uses that year's threshold, even if the affidavit itself is filed later.

Facing probate in Colorado?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Colorado attorney

Form JDF 999 works identically whether the decedent lived in Denver, El Paso, Arapahoe, or any other Colorado county — the form and threshold are set statewide.

Limit & how-to — frequently asked questions

Do I need an attorney to complete Colorado's small estate affidavit?

No — the process is designed to be simple enough for individuals to complete themselves, though consulting an attorney can help if the estate includes any complications worth flagging in advance.

What must Colorado's small estate affidavit confirm before it's valid?

That at least 10 days have passed since death, that the affiant is a lawful successor (an heir named in the will or under intestate succession), and that no personal representative application is pending or has been granted.

What happens if an institution refuses to honor a valid Colorado affidavit?

The affiant becomes personally liable for any claims or debts of the estate up to the value of property received, which gives most institutions confidence to release the property once a properly completed affidavit is presented.

How does the year-of-death threshold actually work in practice?

The dollar limit that applies is the one in effect for the year the decedent died, not the year the affidavit happens to be filed — the Colorado Judicial Branch publishes the current figure through its JDF 998 guide.

This page provides general guidance only and is not legal advice. Based on C.R.S. §15-12-1201. Confirm current requirements with the District Court Probate Division or a licensed Colorado attorney before acting.