A Colorado small estate affidavit is a sworn written statement that a person signs to collect the personal property of someone who has died, when the estate is small. Colorado's small estate law, C.R.S. § 15-12-1201, sets three conditions: a value limit,[1.1] a waiting period of at least ten days after the death,[1.2] and no pending or granted application to appoint a personal representative in any jurisdiction.[1.3]
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Colorado law. If you notice an error or outdated information, please contact us.
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Colorado sets three conditions for using the affidavit, all found in C.R.S. § 15-12-1201(1). They cover the value of the estate, the time since the death, and whether anyone has asked a court to appoint a personal representative. The sections below explain each one, then summarize them in a table.
The statute measures the fair market value of the property the decedent owned that passes by will or intestate succession. Intestate succession means passing under state law when there is no will. The statute counts that property wherever it is located and subtracts liens and encumbrances.[1.1] Here is its wording:
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.
The limit on the estate is a formula, not a dollar figure. It is twice the amount in section 15-11-403, adjusted under section 15-10-112. Because that amount is adjusted each year for the cost of living, the limit depends on the year of death, and the Colorado Department of Revenue publishes the adjusted amounts.[1.4]
Do not rely on a dollar figure from an old form or website. Look up the current amount in those two sections before you sign.
A personal representative is the person a court appoints to manage a dead person's estate, often called an executor or administrator. The statute says "in any jurisdiction," so a pending application anywhere counts.[1.3]
Planning your own estate? Our Colorado last will template lets you name who receives your property, and our Colorado power of attorney forms let someone act for you while you are alive.
| Max. Estate | Twice the amount set in C.R.S. § 15-11-403, as adjusted by § 15-10-112[1.1] |
| Min. Time to Wait After Death | At least 10 days[1.2] |
| Personal Representative | No application or petition pending or granted in any jurisdiction[1.3] |
| State Laws | Colorado Revised Statutes, Sections 15-12-1201 to 15-12-1205 |
The PDF on this page is the court's own form, JDF 999, Collection of Personal Property by Affidavit (R: April 28, 2026), from the Colorado Judicial Branch.[2] It has two pages and three sections: Background, Affirmations a) to i), and Notarized Signature. These instructions follow that order. Fill it in with our online PDF editor, or print it and write the answers by hand.
The screenshots under each step show JDF 999, the official Colorado form, filled with sample entries in blue, so you can see where each answer goes. The names, dates and amounts are examples only.
These answers come from C.R.S. § 15-12-1201, the Colorado statute that sets the conditions for a small estate affidavit. Probate is the court process for settling a dead person's estate, and these conditions decide whether the shortcut is open. They cover the value limit, how it is measured, and the personal representative condition.
Colorado's small estate procedure applies only when the estate stays within a value limit. The fair market value of the decedent's property, less liens and encumbrances, may not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112.[1.1]
The threshold is a formula: twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112.[1.1] Check those sections for the current dollar amount.
Yes. No application or petition for the appointment of a personal representative may be pending or granted in any jurisdiction.[1.3]
General information, not legal or tax advice.
