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.
CO · District Court (or Denver Probate Court)
Colorado
Small-estate-affidavit threshold and procedure under § C.R.S. § 15-12-1201.
Verified 2026-05-04
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
- JDF 999 Collection of Personal Property by Affidavit
Statutes