If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and
you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200+ to walk you through exactly what Colorado law
already lets you do yourself. This kit is $37,
one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or
clerk pushes back.
Colorado's small estate affidavit — JDF 999, "Collection of Personal Property by Affidavit," under C.R.S. § 15-12-1201 — lets a decedent's successors collect personal property directly from a bank or other holder, without opening probate, when the property subject to the will or intestacy is worth no more than $88,000 for a 2026 death. It is sworn before a notary and presented to each holder at least ten days after death; nothing is filed with a court. It never transfers real estate. This is informational only, written by researchers, not attorneys.
Last reviewed
Why this kit exists
The state's own form is usually clear about the fields and silent about the process. Families commonly report
a bank branch insisting on court-issued Letters of Administration that the small estate statute doesn't
actually require, and each extra trip lands in the same weeks as the funeral. Closing that gap — between a
downloaded form and an asset holder who actually releases the property — is the whole reason this
kit exists. Written under the pen name James Whitfield; not an attorney.
Built on the official state form
Every claim cited to C.R.S. §§ 15-12-1201, 15-12-1202
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Money-back if the affidavit is rejected
Splitting up the estate with someone else? Send them this page before you start.
Why timing matters: The limit is tied to the year the decedent died and changes every January, and Colorado's statute makes a holder who refuses a compliant affidavit without reasonable cause liable for the successor's attorney fees — but only after the successor has won a court proceeding to compel delivery. A rejected affidavit, a wrong year's figure, or a form sent to the DMV that it does not accept each costs another round of notarizing and another trip to the institution. Miss the window and the estate is generally pushed into full probate instead — a probate attorney typically charges $1,500–$4,200+ for work this kit is built to help you avoid.
Total the property that is subject to the will or intestacy, wherever located
Add up the fair market value of everything the decedent owned that would pass by will or intestate succession, wherever it is located, then subtract liens and encumbrances. Compare the result with the limit for the year the decedent died — $88,000 for 2026 — from the table printed on JDF 999. Property that passes outside the estate (joint tenancy, payable-on-death accounts) is not in that group. Real estate the decedent owned alone is, even though the affidavit can never transfer it.
2
Wait at least ten days from the date of death
A holder's duty to pay or deliver begins ten or more days after death, and the affidavit must state that at least ten days have elapsed.
3
Confirm no personal representative has been appointed or petitioned for
The affidavit states that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.
4
Download the court's current JDF 999 and read JDF 998
The Colorado Judicial Branch publishes JDF 999 (revised April 28, 2026) and its companion guide, JDF 998, on its self-help forms page. There is no filing fee because nothing is filed with a court. Use the current revision: it carries the year-by-year limit table.
5
List the successors and the property, and decide who collects
Paragraph 2(f) lists each successor and what each is entitled to; if everything is divided the same way, JDF 998 allows "All Assets" in the description. Paragraph 2(g) lists who the property is to be paid or delivered to. Anyone who collects on behalf of one or more successors acts as their agent with an agent's duties (¶ 2(h)).
6
Sign before a notary and make several originals
The affidavit is sworn before a notary public. JDF 998 notes that each entity you work with will keep a copy, so you may want your signature notarized on several copies. Attach a death certificate; some holders require a certified one.
7
Present the affidavit and death certificate to each holder
Take it to each bank, brokerage, transfer agent or other holder. The statute says the holder shall pay or deliver, and a holder who does is discharged as if it had dealt with a personal representative. A transfer agent changes registered ownership on the same affidavit, and a safe deposit box may be entered on it (C.R.S. § 15-12-1201(2), (3.7)).
8
Use the DMV's own form for vehicles
JDF 998 states that the Department of Motor Vehicles will not accept JDF 999 and requires its own affidavit, DR 2712, for vehicles owned by the decedent. Real estate cannot be transferred with this affidavit at all.
Colorado’s small estate affidavit — JDF 999, “Collection of Personal Property by Affidavit,” made
under C.R.S. § 15-12-1201 — lets a decedent’s successors collect personal property directly from a
bank or other institution, without opening a probate case, when the fair market value of the property
subject to the will or intestate succession, wherever located and less liens and encumbrances, is
within the limit for the decedent’s year of death: $88,000 for a 2026 death.
The affidavit is sworn before a notary and presented directly to each asset holder with a death
certificate. It requires at least ten days to have passed since the date of death, and a statement
that no application or petition for appointment of a personal representative is pending or has been
granted anywhere. Nothing is filed with a court, and there is no filing fee. It never transfers real
estate, and the Department of Motor Vehicles uses its own affidavit (DR 2712) for vehicles.
Colorado’s statute also attaches a cost to a wrongful refusal: under C.R.S. § 15-12-1202(3), a holder who
refuses a compliant affidavit without reasonable cause is liable for the successor’s costs, including
reasonable attorney fees, once the successor has established the right in a court proceeding, and the
holder carries the burden of proving reasonable cause.
This page is informational only. It is not legal advice, and it does not draft, file, or
individualize any affidavit. For advice on a specific estate, consult a licensed Colorado attorney.
What it actually looks like
Sample pages from the kit
Real pages from the Colorado kit PDF. Click any page to enlarge.
Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational
claim cites the actual statute or official publication.
Yes — Colorado's own form is free (that's the Free state form column below). The $37
is for everything the free form leaves you to work out alone: the eligibility check, the filing sequence, and
what to do when a bank, DMV, or clerk pushes back.
This kit
Probate attorney
Free state form
Doing nothing
Cost
$37
$1,500–4,200+
$0
Eventually full probate, if the estate is never settled
Time to filed
Same week
2–6 weeks
If you can decode it alone
Not until you act
Bank/DMV/clerk pushback script
Yes
Sometimes
No
n/a
Statute citations
Yes
n/a
n/a
n/a
Delivery time
Instant download
After consult + retainer
Instant
n/a
Attorney costs reflect typical Colorado probate-attorney retainers for this kind of filing.
The most-searched sticking point
What to do when a bank, DMV, or clerk pushes back
A facially valid filing still gets rejected on the first try more often than it should — usually because front-line staff have never processed one before, not because anything is actually wrong. This is the single biggest gap in every free state resource: none of them tell you what to actually say. The kit's Section 5 gives you the exact script and citation for each of these:
Bank or other asset holder refuses a compliant affidavit and asks for court-issued Letters instead
Institution says the estate is over the limit because a house is part of it
Institution shows a different dollar limit or uses an outdated form
A vehicle title transfer is turned away at the Department of Motor Vehicles
Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but
exactly what to say and what document to hand over. That's in the kit.
If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this
kit, you get a full refund.
Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of
purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight.
Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document
unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked.
Full refund policy.
Avoid these
5 common reasons filings get rejected
▸ The decedent's property subject to the will or intestacy is worth more than the limit for the year of death
The limit is set by the year the decedent died ($88,000 for 2026). It tests the fair market value of property owned by the decedent and subject to disposition by will or intestate succession, wherever located, less liens and encumbrances. Property passing outside the estate, such as joint tenancy or a payable-on-death account, is outside that test. Real estate the decedent owned alone is within it. — C.R.S. § 15-12-1201(1)(a); JDF 999 ¶ 2(c)
▸ Fewer than ten days have passed since the date of death
The holder's duty to pay or deliver starts ten or more days after death, and the affidavit must state that at least ten days have elapsed. — C.R.S. § 15-12-1201(1), (1)(b)
▸ A personal representative has been appointed or a petition is pending
The affidavit states that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction. Once someone has been appointed, the affidavit is no longer available. — C.R.S. § 15-12-1201(1)(c)
▸ The affidavit is being used to move real estate
The affidavit collects personal property only. JDF 999 states it "is not valid for the transfer of real estate." The one place it touches a county recorder is a debt secured by real property, such as a mortgage note, where the affiant must record a copy of the affidavit and the death certificate in the county where the property lies. — C.R.S. § 15-12-1201(3.5); JDF 999 ¶ 2(d)
▸ The person signing is not a successor, or is not entitled to the property
The affiant must be a successor of the decedent, or a person acting on behalf of one or more successors, aged 18 or older, and the affidavit must state each person's entitlement to the property. Anyone who receives property under the affidavit is answerable and accountable to a personal representative or any person with a superior right. — C.R.S. §§ 15-12-1201(1)(d), 15-12-1202(4); JDF 999 ¶ 2(a), (i)
Before you present the Colorado Small Estate Affidavit
Most rejected-on-the-first-try filings are a front-line-staff problem, not an eligibility problem. This free one-pager has what to bring and what to say the first time you hand it to a bank, DMV, or clerk — emailed now. We'll also send a few short follow-ups over the next few weeks (why most pushback is unfamiliarity not law, the exact citation to point to, when to call an attorney) — then we stop. No ongoing newsletter.
Questions
Frequently asked questions
What is Colorado's small estate affidavit called officially?
The court system's form is JDF 999, "Collection of Personal Property by Affidavit," made under C.R.S. § 15-12-1201. Its companion guide is JDF 998, "Guide to Collecting a Decedent's Personal Property." "Small estate affidavit" is the common name for the same process.
What is Colorado's small estate affidavit limit?
$88,000 for a death in 2026. The limit is set by the year of death and changes annually: $86,000 for 2025, $82,000 for 2024, $80,000 for 2023, $74,000 for 2022, and $70,000 for 2020 and 2021, per the table printed on JDF 999. The statute sets it at twice the exempt-property amount in C.R.S. § 15-11-403, as adjusted under § 15-10-112.
How long do I have to wait?
At least ten days after the date of death (C.R.S. § 15-12-1201(1), (1)(b)).
Do I file this affidavit with a court?
No. JDF 998 states the process "does not require a filing with the Court" and that no filing fee is required. The affidavit is notarized and presented directly to each holder. A court is involved only if a holder refuses and you bring a proceeding to compel delivery under C.R.S. § 15-12-1202(2).
Can I use it to transfer a house?
No. JDF 999 states the affidavit "is not valid for the transfer of real estate." The one exception to staying away from the recorder is a debt secured by real property, such as a mortgage note, where C.R.S. § 15-12-1201(3.5) requires recording the affidavit and a death certificate in the county where the property lies.
Does a house count toward the $88,000 limit?
The statute tests the fair market value of property owned by the decedent and subject to disposition by will or intestate succession, "wherever that property is located," less liens and encumbrances (C.R.S. § 15-12-1201(1)(a)). It does not limit the test to personal property, and the court's guide defines the estate as real or personal property. Property that passes outside the estate, such as a house held in joint tenancy, is not in that group. No Colorado court decision or agency guidance was found that addresses the point directly, so compare the statute's wording with your own facts.
What if a bank refuses to honor the affidavit?
C.R.S. § 15-12-1201(1) says a holder "shall pay or deliver" on a compliant affidavit. If one refuses, § 15-12-1202(2) lets the entitled persons compel delivery in a court proceeding. Once proof of the right is established there, § 15-12-1202(3) makes a holder who refused "without reasonable cause" liable for all costs, including reasonable attorney fees, and puts the burden of proving reasonable cause on the holder. JDF 999 prints this notice on its first page. No named Colorado refusal account was found in this research.
Can I use the affidavit for a car?
Not JDF 999. JDF 998 states the Department of Motor Vehicles will not accept it and requires its own affidavit, DR 2712, for motor vehicles, motorcycles and motor homes. Check the DR 2712 form and its current requirements with the DMV.
Is there a smaller procedure inside probate?
Yes, but it is for a personal representative who has already been appointed. Under C.R.S. §§ 15-12-1203 and 15-12-1204, if the entire estate is no larger than the exempt-property and family allowances, administration costs, funeral and last-illness expenses, the representative may distribute without giving notice to creditors and close the estate by a sworn statement filed with the court. It requires an open probate case and is a different path from the affidavit.
Is a Colorado affidavit of heirship the same thing?
No. C.R.S. § 38-35-113 provides that statements about death, intestacy and heirship in an affidavit that has remained of record in the county clerk and recorder's office for twenty years are accepted as prima facie evidence of those facts as they affect title to real property. It is an evidence rule, not a way to collect or transfer property.
Ready to start?
$37, one time. Instant download.
Money-back if your filing is rejected for a reason traceable to following the kit, or for any other
reason within 7 days.
No waiting room, no retainer. The 10-day wait after death is fixed, but most of the
remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk —
this kit is built to help you avoid both on the first visit.
One last step — confirm below and it's instant from there.
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5 short, plain-English emails over the following weeks — the eligibility math, the small estate affidavit presentation moment, why most rejections are paperwork not eligibility, and when to call an attorney instead. Then we stop. No ongoing newsletter, no sales list. Unsubscribe anytime.
Primary sources
State sources
▸
Every claim here cites the actual statute or an official publication — see them
Official form:
Official Small Estate Affidavit form
The court system's JDF 999, "Collection of Personal Property by Affidavit" (revised April 28, 2026), is the form. JDF 998 is its companion guide. The form is notarized and presented to the holder — it is not filed with a court. The Department of Motor Vehicles does not accept JDF 999 and uses its own affidavit (DR 2712) for vehicles.
What to bring and what to say the first time you hand a Colorado Small Estate Affidavit to a bank, DMV, or clerk — emailed now, plus a few short follow-ups over the next few weeks, then we stop. No ongoing newsletter.
Free checklist
Before you present the Colorado Small Estate Affidavit
What to bring and what to say the first time you hand it to a bank, DMV, or clerk — so unfamiliarity on their end doesn't turn one trip into two. Emailed now, plus a few short follow-ups over the next few weeks, then we stop. No ongoing newsletter.
