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C.R.S. § 15-12-1201 · checked 2026-10-21
Colorado small estate affidavit limit
In Colorado the small estate affidavit (collection of personal property) is available when the fair market value of all property subject to will or intestate succession, wherever located, less liens and encumbrances, for a death in 2026 is $88,000 or less, and it can be used 10 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $88,000
- 2Waiting period 10 days
- 3Filed with Asset holder
- 4Statute C.R.S. § 15-12-1201
What C.R.S. § 15-12-1201 says
The operative words of the statute, as read on 2026-10-21:
“does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112”
That test is applied to the fair market value of all property subject to will or intestate succession, wherever located, less liens and encumbrances, for a death in 2026. The form states that the affidavit is not valid for the transfer of real estate (see C.R.S. § 15-12-1201(3.5) for personal property that affects real estate).
Colorado does not write a dollar figure into the statute: the limit is twice the exempt-property amount in C.R.S. § 15-11-403 as adjusted for inflation under § 15-10-112. The Colorado Judicial Branch affidavit form JDF 999 states the resulting figure by year of death: $88,000 for 2026, $86,000 for 2025, $82,000 for 2024, $80,000 for 2023, $74,000 for 2022 and $70,000 for 2021 and 2020. The checker uses the figure for the year of death entered, and $88,000 (2026) when no date is given.
Source: C.R.S. § 15-12-1201 (text read from the FindLaw copy; check the legislature's own text before relying on it); dollar figure from the Colorado Judicial Branch form JDF 999, Collection of Personal Property by Affidavit (2026 revision). Last checked 2026-10-21.
Worked examples against the $88,000 limit
| Estate value | Result under C.R.S. § 15-12-1201 |
|---|---|
| $53,000 | Within the limit |
| $88,000 | Within the limit |
| $89,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — fair market value of all property subject to will or intestate succession, wherever located, less liens and encumbrances, for a death in 2026 — not everything the person owned. Colorado's figure is $25,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 17th from the top.
When the route opens
The statute requires 10 days to pass after the death. For a death on January 15, 2026, the earliest date is January 25, 2026. That is the shortest written waiting period among the 31 jurisdictions here that set one.
If the estate goes through full probate instead, creditors have 4 months counted from first publication of the notice (the date in the notice may not be earlier) (C.R.S. § 15-12-801(1)). The Colorado probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for Colorado could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit (collection of personal property) and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby Mountain jurisdictions
Arizona: $200,000 after 30 days; Idaho: $100,000 after 30 days; Montana: $100,000 after 30 days; Nevada: $25,000 after 40 days; New Mexico: $50,000 after 30 days; Utah: $100,000 after 30 days; Wyoming: $400,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Colorado probate court or its self-help center before filing.