Colorado Small Estate Affidavit (Form JDF 999)

• Maximum Amount: $88,000, measured as the value of the estate’s property less liens and encumbrances. The amount adjusts annually for inflation. The affidavit cannot be used to transfer real estate.^[1][2]
• Signing Requirements: Sworn or affirmed under oath before a notary public.^[3]
• Where to File: The affidavit is presented directly to any person holding the decedent’s personal property or who owes a debt to the decedent.^[4]
• When to File: 10 days after death.^[5]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[6]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate. Colorado guarantees the spouse a first share of at least $150,000, which is more than the $88,000 small estate limit.^[7]
• No Spouse, Children: If there is no surviving spouse, the children share the estate equally, and a deceased child’s share passes to that child’s descendants.^[8]

Step 1 – Wait 10 Days

At least 10 days must pass after the decedent’s death before the affidavit may be used.^[9]

Step 2 – Confirm the Estate Qualifies

The estate’s personal property (less liens and encumbrances) must be $88,000 or less for a 2026 death, the estate must contain no real property, and no personal representative may have been appointed or be pending.^[10][11]

Step 3 – Complete JDF 999 and Have It Notarized

Complete the Collection of Personal Property by Affidavit (JDF 999), listing the property and debts to be collected, and sign it before a notary public.^[12]

Step 4 – Attach the Death Certificate

Attach a certified copy of the death certificate (or other verification of death) to the affidavit.^[13]

Step 5 – Present the Affidavit to the Asset Holder

Present the notarized affidavit and death certificate directly to the bank, debtor, or other holder of the property to collect and distribute it. (For vehicle titles, the Colorado DMV requires its own form, DR 2712, rather than JDF 999.)^[14]