To fill out and file a Colorado affidavit, you draft a numbered, first-person statement of facts you know personally, sign it in front of a Colorado notary public (or use a remote notary approved by the Secretary of State), and then deliver the notarized original to the court, agency, or party that needs it. In many situations you can skip the notary entirely by using an unsworn declaration signed under penalty of perjury. Small mistakes in wording or execution can get the document rejected, so the details below matter.
What to Gather Before You Draft
Have everything in front of you before you start writing. You’ll need a government-issued photo ID (Colorado driver’s license, state ID, or passport) for the notary to check. If the affidavit is going into a court case, pull the case number, court name, county, and the full legal names of every party from the original petition or complaint so your caption matches exactly.
Collect the supporting records, receipts, photographs, or paperwork you plan to reference. These become exhibits, and drafting without them in hand invites vague statements. Nail down specific dates, addresses, dollar amounts, and the names of anyone involved. Language like “sometime last year” weakens an affidavit and can lead a judge to disregard it.
Drafting the Affidavit
The Caption
If the affidavit is being filed in a Colorado court case, put a caption at the top that mirrors the case file: the name of the court (for example, “District Court, City and County of Denver”), the case number, and the names of the plaintiff and defendant (or petitioner and respondent). The Colorado Judicial Branch publishes a flexible caption template on its self-help forms page if you’re creating your own document instead of using a pre-printed form.
The Body
Write in the first person. Number each paragraph, and limit each numbered paragraph to a single factual statement. Courts and attorneys refer to affidavit paragraphs by number when arguing motions, so packing several facts into one paragraph creates confusion later.
A standard opening paragraph identifies you: “My name is [full legal name]. I am over eighteen years of age and competent to make this affidavit. I have personal knowledge of the facts stated below.”
Every fact must come from your own direct knowledge — what you saw, heard, did, or experienced firsthand.1Justia. Colorado Code 16-5-203 – Furnishing Witnesses Names You cannot repeat what someone else told you (hearsay) or speculate about things you did not witness. To reference information in a document, attach the document as an exhibit and state “a true and correct copy of [document] is attached as Exhibit A.”
Stick to plain, declarative sentences. “On March 15, 2026, I delivered the signed lease to the tenant at 450 Elm Street, Denver, Colorado” is far more useful than “I believe I gave the lease to the tenant around that time.”
The Jurat
Below the numbered paragraphs, include a jurat — the block where you and the notary sign. A standard jurat reads: “Subscribed and sworn to (or affirmed) before me this ___ day of _______, 20__, by [affiant’s name].” Leave space for the notary’s signature, printed name, commission expiration date, and seal. Do not sign the affidavit until you are in front of the notary. Signing early invalidates the document because the notary did not witness the act.
Getting It Notarized
Oath or Affirmation
Colorado law treats an oath and an affirmation as legally identical.2Justia. Colorado Code 24-21-502 – Definitions An oath invokes a higher power; an affirmation is a pledge on your personal honor with no religious reference. The choice is yours, and the notary must honor it. If you have a religious or conscientious objection to swearing, tell the notary you prefer to affirm. The legal effect is the same.
In Person
Bring your completed but unsigned affidavit and your photo ID to any commissioned Colorado notary. The notary verifies your identity, administers the oath or affirmation, watches you sign, and then applies their stamp and signature. The maximum fee a Colorado notary may charge is $15 per document for an in-person notarization.3Colorado Secretary of State. Notary Public FAQs – General Questions Banks, shipping stores, and law offices commonly have notaries on staff.
h3>Remote
Colorado allows remote notarization over a live audio-video connection, but only with a notary specifically approved as a remote notary by the Secretary of State.4Colorado Secretary of State. Notary Public FAQs – Remote Notarization Remote notarization applies to electronic records, and the notary must be physically located in Colorado during the session.5Justia. Colorado Code 24-21-514.5 – Remote Notarization You’ll present your government-issued ID on camera, and the notary may use additional credential-analysis technology. The maximum fee is $25.3Colorado Secretary of State. Notary Public FAQs – General Questions Remote notarization is a separate process from electronic notarization; the latter still requires you and the notary to be in the same room.
The Unsworn Declaration Option
Colorado recognizes unsworn declarations as a substitute for notarized affidavits in many situations. Under C.R.S. § 13-27-106, you can sign a written statement without a notary as long as you include specific language declaring the contents true “under penalty of perjury under the law of Colorado,” along with the date, location, your printed name, and your signature.6Colorado Public Law. Colorado Revised Statutes 13-27-106 – Form of Unsworn Declaration This saves time and money when you cannot easily reach a notary. Some courts and agencies still specifically require a notarized affidavit, so check the instructions for your filing before relying on this shortcut. The perjury exposure is the same either way.
Filing With the Court
E-Filing
Licensed attorneys can e-file affidavits through Colorado Courts E-Filing in civil, criminal, domestic, water, probate, and appellate cases.7Colorado Judicial Branch. E-Filing Self-represented parties can only e-file in domestic relations and eviction cases.8Colorado Judicial Branch. E-Filing for Non-Attorneys For any other case type, you’ll need to file in person or by mail if you don’t have an attorney.
In Person or by Mail
Bring or mail the notarized original to the clerk’s office at the courthouse where your case is pending. Include any required cover sheet and the correct filing fee. Keep a copy for yourself. The clerk will stamp your copy with the filing date if you deliver it in person, and the e-filing system generates a date-and-time-stamped confirmation.
Fees
Colorado does not charge a separate fee just for filing an affidavit. What you pay depends on the case. Colorado’s legislature raised many court filing fees effective January 1, 2025, so older fee schedules may be out of date.9Colorado Judicial Branch. List of Fees Some current amounts:
- Small claims (plaintiff): $31 to $55, depending on the claim amount.
- County civil money cases (plaintiff): $95 to $145.
- District civil (plaintiff): $265 for normal and money cases.
- Domestic relations petition (divorce, separation, annulment): $260.
- Probate (decedent’s estate, guardianship, conservatorship): $229 initial filing; $113 for a small estate.
If you can’t afford the fee, the Colorado Judicial Branch’s fee waiver page has the forms and instructions for requesting a waiver.9Colorado Judicial Branch. List of Fees
Rules for Specific Affidavit Types
Small Estate Affidavit
When someone dies and their estate is small enough, Colorado lets heirs collect personal property — bank accounts, vehicles, personal belongings — using an affidavit instead of full probate. Under C.R.S. § 15-12-1201, you can use this shortcut once at least ten days have passed since the date of death, provided the total fair market value of the decedent’s property (minus liens) does not exceed the statutory threshold.10Justia. Colorado Code 15-12-1201 – Collection of Personal Property by Affidavit The threshold is tied to twice the exempt property allowance under C.R.S. § 15-11-403, which adjusts periodically, so check the current amount. You present this affidavit directly to whoever holds the property, such as a bank, not to a court.
Affidavit of Heirship
An affidavit of heirship establishes who inherited real property when someone dies without a will. Under C.R.S. § 38-35-113, statements about death, heirship, and identity recorded with the county clerk and recorder become prima facie evidence of the facts they contain after twenty years on record.11Justia. Colorado Code 38-35-113 – Affidavits Referring to Death, Intestacy, Heirship In practice, title companies often accept these affidavits much sooner to clear title for a sale or refinance. Have it signed by a disinterested person — someone with no financial stake in the estate. Include the decedent’s full name, date of death, marital history, a list of surviving heirs, and a legal description of the property.
Affidavit of Service
When you serve legal papers on another party, the court needs proof that service happened. Under C.R.S. § 13-90-115, proof of subpoena service is made by an affidavit from the person who delivered the papers, showing the time, place, and method of service and the name of the person served. The server must be at least eighteen and cannot be a party to the case. The affidavit gets filed with the court as part of the case record.
The Perjury Risk
Signing an affidavit carries real criminal exposure. Under C.R.S. § 18-8-502, anyone who knowingly makes a materially false statement under oath in an official proceeding commits perjury in the first degree, a Class 4 felony.12Justia. Colorado Code 18-8-502 – Perjury in the First Degree A Class 4 felony conviction carries a presumptive sentence of two to six years in prison, three years of mandatory parole, and fines between $2,000 and $500,000.13FindLaw. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties The statute makes clear that whether you realized your false statement was material is not an element of the crime and not a defense. The same exposure attaches to unsworn declarations signed under penalty of perjury. If you’re unsure whether something you plan to state is accurate, verify it before signing, or leave it out.