How to File Small Estate Affidavit in Colorado: Step by Step

Filing Small Estate Affidavit in Colorado means completing the official form under C.R.S. §§ 15-12-1201, 15-12-1202, after the 10-day waiting period following death has passed. Here is the full sequence, with the statutory fact behind each step.

1. 1

   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. 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. 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. 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. 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. 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. 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. 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.

Get the official Colorado form

Download the state's own fill-in instrument directly — never a third-party paywalled copy: 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.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

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