Colorado Small Estate Affidavit Explained

Colorado’s small estate affidavit has two genuinely distinctive features worth understanding clearly: a threshold that moves every year, and no way to transfer real estate by affidavit.

Why does the threshold change every year?

Colorado Revised Statutes § 15-12-1201 ties the threshold to the decedent’s year of death and adjusts it annually for inflation:

• 2026 deaths: $88,000
• 2025 deaths: $86,000
• 2024 deaths: $82,000

This means the figure that applies depends on when the person actually died, not the year you’re handling the estate - worth confirming precisely rather than assuming a number from an older source.

How long must you wait after death?

At least 10 days - one of the shortest waiting periods in the country, considerably faster than the 30 to 60 days common in many other states.

Does this cover real estate?

No, and Colorado is somewhat unusual here: there’s no real-property version of the affidavit. The small estate affidavit applies only to personal property - movable assets like bank accounts, vehicles, and wages owed - and any estate with real estate must go through probate for that property specifically.

What form is used?

Form JDF 999 (with an instructional guide, JDF 998), officially called an Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding. There’s no court filing fee since nothing is filed with a judge.

What disqualifies an estate?

An application to appoint a personal representative that’s already pending or granted generally rules out using the affidavit, since that indicates formal probate has already begun.

What should I do next?

Confirm the specific threshold for the year of death before assuming the estate qualifies or doesn’t. If real estate is involved, plan for probate on that specific property, or check whether a beneficiary deed was already in place to keep it out of probate entirely.

Add this to your Final Day Plan: a rough total of your personal property’s value - given how quickly this threshold can shift year to year, a current estimate is more useful to your family than an outdated one.

Colorado’s small estate threshold changes every year - confirm the specific figure for the actual year of death. This is general educational information, not legal advice - consult a Colorado-licensed attorney for guidance specific to your situation.