Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
Under Colorado law, a small estate affidavit allows heirs or devisees to collect personal property of a deceased person without formal probate when the total value of personal property (excluding vehicles and homestead) does not exceed $100,000. See C.R.S. § 15-12-1301 et seq. (§ 15-12-1301).
To complete and file a small estate affidavit, you generally need the following documents:
- Certified Death Certificate. Obtain an official copy from the Colorado Department of Public Health & Environment.
- Small Estate Affidavit Form. Use the standard form found in C.R.S. § 15-12-1304 (§ 15-12-1304). The affidavit must be signed under oath.
- Heir or Devisee Declaration. A sworn statement identifying all heirs or devisees entitled to share in the estate. Include names, addresses, and relationships.
- Asset Inventory. A detailed list of all small estate assets you intend to collect (bank accounts, stocks, personal items). Exclude real property unless you are transferring a motor vehicle title.
- Affirmation of Value. A written statement confirming that the total personal property value does not exceed $100,000, excluding vehicles and homestead.
- Creditor Notification Acknowledgment. Proof that required notices to known creditors have been given or waived under C.R.S. § 15-12-1305 (§ 15-12-1305).
- Identification. Government-issued photo ID of the person signing the affidavit.
Once assembled, file the affidavit with the county clerk and recorder in the county where the decedent resided. Wait at least 35 days after the date of death before filing. The clerk will record the affidavit and issue documents authorizing you to collect or transfer the assets.
Helpful Hints
- Double-check asset valuations to stay under the $100,000 threshold.
- Obtain multiple certified copies of the death certificate.
- Use a notary public for all sworn statements and signatures.
- Keep thorough records of creditor notices in case of later disputes.
- Confirm current form versions with the county clerk’s office before filing.