Small Estate Affidavit vs. Full Probate in Colorado: Which Applies?
Small Estate Affidavit is a narrower, faster alternative to full probate in Colorado — available only when the estate meets C.R.S. §§ 15-12-1201, 15-12-1202's conditions (at or under $88,000 (fair market value of all property it owned that is subject to disposition by will or intestate succession, wherever located, less liens and encumbrances, measured against the limit for the year of death (property passing outside the estate, such as joint tenancy or payable-on-death accounts, is outside that group; real estate the decedent owned alone is inside it, even though the affidavit can never transfer it))). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Small Estate Affidavit different from full probate
Small Estate Affidavit is a narrower, faster alternative to full probate in Colorado — available only when the estate meets C.R.S. §§ 15-12-1201, 15-12-1202's specific conditions (non-exempt property at or under $88,000 (fair market value of all property it owned that is subject to disposition by will or intestate succession, wherever located, less liens and encumbrances, measured against the limit for the year of death (property passing outside the estate, such as joint tenancy or payable-on-death accounts, is outside that group; real estate the decedent owned alone is inside it, even though the affidavit can never transfer it))). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $88,000 (fair market value of all property it owned that is subject to disposition by will or intestate succession, wherever located, less liens and encumbrances, measured against the limit for the year of death (property passing outside the estate, such as joint tenancy or payable-on-death accounts, is outside that group; real estate the decedent owned alone is inside it, even though the affidavit can never transfer it)) cap. Even one dollar over the statutory line under C.R.S. §§ 15-12-1201, 15-12-1202 disqualifies small estate affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- 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.
- 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.
Why it's worth checking first: full probate is slower and typically far more expensive than small estate affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this kit covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Small Estate Affidavit in Colorado.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.