Colorado: Using a Small-Estates Affidavit to Claim a Deceased Parent’s Bank Account

Overview of using a small-estate affidavit in Colorado

If a person dies and their personal property (not real estate) is relatively small, Colorado law and court practice let certain family members or other entitled persons collect cash and accounts without full probate. Many banks will accept an affidavit, often called an affidavit for collection of personal property or a small-estate affidavit, together with a certified death certificate and ID, to release funds. Whether you can use this tool depends on state rules, the size and type of the asset, and the bank’s internal policies.

Who may use a small-estate affidavit in Colorado?

In Colorado, an heir, beneficiary, or someone entitled by law to receive the decedent’s personal property may typically sign and present a small-estate affidavit. If the decedent already had a properly appointed personal representative (executor/administrator), you generally cannot use an affidavit to circumvent that person’s authority. Also, banks sometimes require that no probate proceeding is open in the decedent’s county.

What property can be claimed with an affidavit?

Small-estate affidavits usually apply only to personal property (bank accounts, cash, certain tangible items). Real estate, jointly owned property with rights of survivorship, accounts with payable-on-death (POD) or transfer-on-death (TOD) beneficiaries, or property already titled in a trust often pass outside probate and may not require an affidavit. Confirm that the asset is subject to the affidavit procedure before relying on it.

Typical eligibility checks you must run first

• Check whether the account had a named POD/TOD beneficiary or was joint with rights of survivorship. If so, funds likely pass automatically.
• Confirm whether a will exists and whether a personal representative has been appointed in Colorado probate court. If a personal representative is appointed, the affidavit will usually not be accepted.
• Estimate the total value of the decedent’s personal property that would be collected with affidavits. If the total exceeds the statutory small-estate threshold, you likely must open probate or use other probate procedures.

Step-by-step: How to use an affidavit to claim a Colorado bank account

1. Obtain several certified copies of the decedent’s death certificate from the Colorado vital records office: https://www.colorado.gov/pacific/cdphe/vitalrecords
2. Ask the bank what documents it requires. Many banks accept a specific affidavit form or will provide their own form and will tell you whether they accept Colorado small-estate affidavits.
3. Prepare the affidavit. The affidavit should identify the decedent, state your relationship or entitlement, list the account(s) and amounts you seek, and swear that you are entitled to the funds and that no personal representative has been appointed. Have the affidavit notarized.
4. Bring photo ID, the certified death certificate, account documentation (statements), and the notarized affidavit to the bank. The bank will check its policies and the signature authority on the account.
5. If the bank accepts the affidavit, it will pay or transfer the funds per its internal procedures. If the bank refuses, it will usually explain why (e.g., amount exceeds bank policy, conflicting claims, pending probate).
6. If the bank refuses and the dispute cannot be resolved, you may need to open a probate proceeding (formal or informal) in the county court where the decedent lived. The Colorado courts provide probate forms and instructions: https://www.courts.state.co.us/Forms/Forms_List.cfm?Category=Probate

Important Colorado legal references

Colorado’s probate and small-estate procedures are part of the state’s probate statutes and court practice. Review Title 15 (Probate, Guardianship, and Trusts) of the Colorado Revised Statutes and the Colorado courts’ probate forms and instructions for current statutory language and state forms:

• Colorado Revised Statutes – Title 15 (Probate, Guardianship, and Trusts): https://leg.colorado.gov/statutes/title-15-probate-guardianship-and-trusts
• Colorado Judicial Branch — Probate forms and instructions: https://www.courts.state.co.us/Forms/Forms_List.cfm?Category=Probate

When a small-estate affidavit won’t work

Do not use an affidavit if any of the following is true:

• The total personal property subject to collection exceeds the statutory small-estate threshold (check Title 15 for the current limit).
• A personal representative has already been appointed or a probate case is open for the decedent.
• The asset is real estate, a retirement account requiring beneficiary paperwork, or otherwise not considered personal property for this purpose.
• There are conflicting claims (for example, multiple heirs each claiming the same property).

Practical tips and likely bank requirements

• Bring multiple certified death certificates. Banks often require original certified copies.
• Expect banks to require a notarized affidavit, government ID, and account documentation.
• Smaller banks or credit unions may be more flexible; large banks often have strict internal limits on amounts they will release with an affidavit.
• If the bank refuses, get the bank’s refusal in writing — that helps if you must file in court.

Helpful Hints

• Confirm whether the account had a POD/TOD beneficiary or was joint. Those usually avoid probate.
• Call the bank first — ask specifically what form they accept and what dollar limits they impose.
• Get certified death certificates early; they are required by most institutions.
• Keep careful records (copies of the affidavit, bank correspondence, receipts for funds received).
• If you expect creditors or disputes, consult a Colorado probate attorney before acting; collection by affidavit might not protect you from claims later.
• When in doubt, file an informal probate or a petition to appoint a personal representative with the county court. The Colorado courts’ probate forms page is a good starting point: https://www.courts.state.co.us/Forms/Forms_List.cfm?Category=Probate