Not every estate needs to go through probate. When someone dies in Colorado leaving only a modest amount of personal property, the law offers a shortcut: the collection of personal property by affidavit, commonly called the small estate affidavit. Instead of opening a probate case, a successor signs a sworn statement, presents it to whoever holds the assets, and collects them directly.
This guide explains the current dollar threshold, the waiting period, what qualifies, and the important limits, including the fact that real estate does not count and cannot be transferred this way.
The essentials for 2026
- Statute: C.R.S. 15-12-1201, collection of personal property by affidavit
- 2026 threshold: personal property worth $88,000 or less (adjusted for inflation each year)
- Waiting period: at least 10 days after the date of death
- No probate case: no personal representative is appointed or pending
- Excludes real property: land and buildings do not qualify and are not counted
What the small estate affidavit does
The small estate affidavit lets a successor, typically an heir or the person named in the will, collect a deceased person's personal property without probate. Personal property here means things like bank account balances, a final paycheck, a vehicle, refunds, and tangible belongings. The successor gives a signed affidavit to the bank, employer, or other holder, and by law that party may release the property to the successor as if to the rightful owner. The process is authorized by C.R.S. 15-12-1201 and following.1
For families with a small estate, this avoids the time and cost of even Colorado's streamlined informal probate. It is one of several ways Coloradans keep estates out of court, which we cover more broadly in our guide on how to avoid probate in Colorado.
The 2026 dollar threshold
The small estate affidavit is only available when the estate is small enough. The threshold is the total fair market value of all personal property owned by the decedent that would be subject to disposition by will or intestate succession, less liens and encumbrances. Colorado adjusts this figure every year for inflation, so it depends on the year of death.2
| Year of death | Small estate threshold |
|---|---|
| 2026 | $88,000 |
| 2025 | $86,000 |
| 2024 | $82,000 |
For a death in 2026, if the qualifying personal property totals $88,000 or less, the affidavit procedure is available. If the value exceeds the threshold, the estate must go through probate instead. Always use the figure for the year the person actually died, not the current year.
The big limit: no real estate
The small estate affidavit covers personal property only. It cannot be used to transfer real estate, and the value of any real property the decedent owned does not even count toward the threshold. If the deceased person owned a home or land in their own name, the affidavit will not transfer it. That property needs another route, such as a probate proceeding or, if planned in advance, a beneficiary deed recorded before death.
This is the single most common misunderstanding. A person can have a small amount of personal property but still need probate for a house, unless they set up a beneficiary deed or other transfer tool while alive. That is exactly why advance planning matters even for modest estates.
The requirements and the 10-day wait
To use the affidavit, several conditions must be met under C.R.S. 15-12-1201:1
- Ten days must have passed since the date of death.
- No probate is pending. No personal representative has been appointed and no application for one is pending anywhere.
- Value is within the threshold. The qualifying personal property, less liens, is at or below the year-of-death figure.
- The person signing is entitled. The affidavit is made by a successor who is legally entitled to the property.
The affidavit itself states these facts under oath and identifies the property and the successor. Colorado and its agencies publish standard forms for this purpose, including a version used to transfer a vehicle title. Anyone who pays or delivers property in reliance on a proper affidavit is protected, and the successor takes on the same duty to apply the property toward debts and to the right people.3
When the small estate route makes sense
The affidavit is ideal when someone dies with modest assets: a bank account, a car, some personal belongings, and no real estate held in their sole name. It is fast, inexpensive, and does not require a lawyer or a court appearance. It does not, however, do the broader work of an estate plan. It does not decide who inherits; it simply collects what the will or the intestacy rules already direct.
That is why a will still matters even for a small estate. Without one, Colorado's intestacy rules decide who the successors are, and the results may surprise you. See our guide on dying without a will in Colorado, and use our Colorado intestate succession calculator to see how your estate would be divided by default.
Put your wishes in writing
The small estate affidavit is a helpful tool for heirs, but it works best when you have already made your wishes clear. A valid Colorado will names who should inherit, who serves as your representative, and who cares for any minor children, so the affidavit simply carries out a plan you set. You can create a clear, Colorado-specific will in plain language with our online will builder.
This article is general information about Colorado law, not legal advice. Confirm the current threshold and requirements with the Colorado Judicial Branch or a licensed attorney before acting.
Frequently Asked Questions
What is the small estate limit in Colorado for 2026?
For deaths in 2026, the threshold is $88,000 in qualifying personal property, less liens. The figure is adjusted for inflation each year.
Can a small estate affidavit transfer real estate in Colorado?
No. The affidavit covers personal property only. Real estate does not qualify and is not counted toward the threshold; it needs probate or a beneficiary deed.
How long do you have to wait to use a small estate affidavit in Colorado?
At least 10 days must pass after the date of death before the affidavit can be used, and no probate case can be pending.
Do you need a lawyer for a small estate affidavit in Colorado?
Usually not. The procedure is designed to be simple, and standard forms are available. Complex or disputed situations may still warrant legal advice.
Sources
- 1C.R.S. 15-12-1201: Collection of personal property by affidavit (law.justia.com)
- 2Colorado inflation-adjusted probate figures (annual small-estate threshold) (tax.colorado.gov)
- 3Colorado Judicial Branch: Collection of personal property by affidavit (JDF 999) (coloradojudicial.gov)
- 4Colorado Revised Statutes, Title 15, Article 12, Part 12 (leg.colorado.gov)
About the author
Max Kuch
Max Kuch writes about estate planning, wills and inheritance for Online Will Colorado. He gathers the rules from the Colorado statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.