Skip to content

CO · District Court (or Denver Probate Court)

Colorado

Small-estate-affidavit threshold and procedure under § C.R.S. § 15-12-1201.
Verified 2026-05-04Threshold band: mid

Personal property

$86,000

statutory cap

10-day wait

2025 figure. Annually CPI-adjusted at twice § 15-11-403. 2024 was $82,000; 2023 was $80,000.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Colorado's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property

Passes by right of survivorship.

Community property w/ ROS

Vests in surviving spouse.

Beneficiary-designated

Life insurance, IRAs, 401(k)s.

TOD / POD accounts

Bank, brokerage, vehicle titles.

Living trust assets

Distributed by the trust, not the will.

Wages owed to surviving spouse

Often a separate path.

State note: 2025 figure. Annually CPI-adjusted at twice § 15-11-403. 2024 was $82,000; 2023 was $80,000.

Waiting period
State requires 10 days to elapse from date of death (personal-property path) before filing.

Real property

Excluded — personal property only

Affidavit excludes real property unless it secures a debt; presented to property holder, not court-filed.

03

Where to file

File with the District Court (or Denver Probate Court) in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Colorado judicial system operates an authoritative court locator.

Find your county’s District Court (or Denver Probate Court) via the Colorado judicial council website. Search for “Colorado District Court (or Denver Probate Court) county locator” or visit the state government court directory.

Note: in Colorado, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Form

Statutes

§ C.R.S. § 15-12-1201
https://colorado.public.law/statutes/crs_15-12-1201
collection by affidavit
§ C.R.S. § 15-10-112
https://colorado.public.law/statutes/crs_15-10-112
CPI mechanism