What Qualifies for Colorado's Small Estate Affidavit?

The statutory line, exactly

Colorado's Small Estate Affidavit applies when the estate, measured the way the statute measures it, is at or under $88,000, under C.R.S. §§ 15-12-1201, 15-12-1202. That figure specifically means: 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). This is a statutory line, not a judgment call — the clerk or asset holder either sees your total under the cap or they don't. There's also a fixed 10-day waiting period after death before you can file at all — separate from the eligibility question, and it doesn't move regardless of how quickly you gather everything else.

The mistakes that actually sink an otherwise-eligible estate

5 reasons account for most of the rejections Colorado families run into — cited to the specific C.R.S. §§ 15-12-1201, 15-12-1202 section behind each one, not general advice:

• 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)

Once you know the estate qualifies, this is what trips families up next

Not the eligibility math — presenting the approved filing to an asset holder who's never seen one before. 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.

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