Detailed Answer
Under Colorado law, you can use a small estate affidavit—often called an heirship affidavit—to transfer certain personal property without formal probate when the decedent’s Colorado-based assets total $100,000 or less. This process is governed by Colorado Revised Statutes (C.R.S.) § 15-12-111. Follow these steps:
- Verify Eligibility: Ensure the decedent died at least 14 days ago, no personal representative has been appointed, and the total value of personal property located in Colorado does not exceed $100,000. See C.R.S. § 15-12-111.
- Gather Documentation: Obtain a certified death certificate and collect records showing asset ownership and value (bank statements, vehicle titles, investment account statements).
- Identify Heirs: List all individuals entitled to inherit under Colorado’s intestacy rules. Include each heir’s full name, relationship, and contact information. See C.R.S. § 15-11-101 et seq..
- Draft the Affidavit: Prepare an affidavit that includes:
- Decedent’s full name, date, and county of death.
- A statement that no probate administration is pending.
- A detailed schedule of personal property (type of asset, location, approximate value).
- A statement that the affiant is entitled to collect assets under intestacy law.
- Swear and Notarize: Sign the affidavit before a Colorado notary public, swearing under oath to the truthfulness of all statements.
- File and Serve: File the affidavit with the district court clerk in the county where the decedent resided. Serve a copy on each heir within 14 days of filing and wait at least 45 days for any objections.
- Collect Assets: After the objection period ends, present the certified affidavit to banks, the Department of Revenue (for vehicle titles), or other entities to transfer ownership or obtain funds.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your circumstances.
Helpful Hints
- Download official affidavit forms from the Colorado Judicial Branch: Colorado Court Forms.
- Keep copies of all filed and served documents for your records.
- Check county-specific filing fees and procedures before submitting the affidavit.
- If the estate includes real property or exceeds $100,000, consider full probate administration.
- Notify known creditors if required under C.R.S. § 15-12-801 to limit personal liability.