How to Use a Colorado Small Estate Affidavit (Form JDF 999)

A Colorado small estate affidavit lets an heir collect a deceased person’s personal property without opening probate, as long as the estate’s net personal property is worth no more than $86,000 for deaths in 2025. The process runs on a single notarized form (JDF 999), costs nothing to file because nothing goes to court, and usually wraps up in a few weeks once you present the affidavit to the bank, employer, or other party holding the assets.¹

Whether You Qualify

Four conditions must all be true before you can use the affidavit.²

The fair market value of the decedent’s property that would pass by will or intestate succession, minus liens and encumbrances, is at or below the cap for the year of death.
At least ten days have passed since the date of death.
No one has filed for or been appointed as personal representative of the estate in any jurisdiction.
You are a successor (or acting on behalf of one) and at least 18 years old.

The cap adjusts each year for inflation. It was $74,000 for 2022 deaths, $80,000 for 2023, $82,000 for 2024, and $86,000 for 2025.¹ The 2026 figure had not been published as of this writing; check the current version of JDF 999 on the Colorado Judicial Branch site for the number that applies to a later death.

If any condition fails, the affidavit is unavailable. An estate with $87,000 in net personal property for a 2025 death has to go through formal or informal probate. And once someone has petitioned to be appointed personal representative anywhere, the affidavit route is permanently closed for that estate.

What the Affidavit Covers, and What It Doesn’t

The affidavit reaches personal property broadly: bank accounts, brokerage accounts, stocks, safe deposit box contents, vehicles, and tangible belongings. It does not transfer real estate. The form itself states that it is not valid for real property.³ A house, condo, or piece of land has to be handled through probate or, if the decedent recorded one before death, a transfer-on-death deed.

When you measure the estate against the dollar cap, you count all property that would pass by will or intestate succession, wherever located — not just the specific items you plan to claim.² Assets that pass outside probate on their own don’t enter the calculation: jointly held accounts with right of survivorship, payable-on-death accounts, and life insurance or retirement accounts with a named beneficiary all move to the beneficiary directly and are not part of the probate estate.

Filling Out Form JDF 999

Download the current version of JDF 999 from the Colorado Judicial Branch website. Use the most recent version because the dollar threshold printed on the form changes each year. The companion guide, JDF 998, walks through each section and is worth reading before you start.³

The form asks for two kinds of information. First, sworn statements confirming eligibility: the date of death, that ten days have passed, that the estate value is below the cap for the year of death, that no personal representative has been appointed, and that you are a successor or acting for one.

Second, a detailed accounting of the assets and the people entitled to them. List every successor by name, describe the specific property each is entitled to (account numbers, vehicle identification numbers, stock descriptions), and state the amount or percentage each successor receives. A separate section identifies where each asset is currently held. Precision here matters because banks and other institutions will compare what you wrote against their own records before releasing anything.

Notarizing and Presenting the Affidavit

Sign the completed form in front of a notary public. Colorado notary fees are modest, typically under $15 per signature, and banks, UPS stores, and shipping centers commonly offer the service.

You do not file the affidavit with a court, and there is no filing fee.³ You present the notarized original directly to the person or institution holding each asset. Each institution will keep a copy for its file, so it’s smart to have multiple originals notarized in one sitting rather than making photocopies afterward. Banks, brokerage firms, and credit unions each tend to want their own notarized version.

Because no court reviews the document, the accuracy of every statement in it rests entirely on you. The affidavit is sworn testimony, and misrepresenting the estate’s value or your entitlement to the property can create serious legal exposure.

Collecting the Assets

When you hand the notarized affidavit to a bank, credit union, employer, or other holder of the property, Colorado law requires them to release the assets to you. The institution is fully discharged once it pays or delivers, meaning it cannot be held liable later for handing over the funds as long as it acted in good faith on the affidavit.⁴ The holder does not need to verify whether your statements are true or track what you do with the money afterward.

If a holder refuses to honor a properly completed affidavit, you can bring a court proceeding to compel the transfer. If the court finds you were entitled and the institution refused without reasonable cause, the institution becomes liable for your attorney fees and costs, with the burden on the institution to justify the refusal.⁴ In practice, most banks cooperate once they see a completed JDF 999, though some add a week or two of internal processing.

Vehicles

To retitle a vehicle, bring the affidavit, a certified death certificate, and the existing title to your county motor vehicle office. The beneficiary named in the affidavit signs as the new owner.⁵

Safe Deposit Boxes

Safe deposit box contents are collectible by affidavit.² Banks may require you to open the box with a bank officer present, who will inventory what’s inside. If the contents turn out to push the estate above the cap, you no longer qualify — an unpleasant discovery to make at the bank. Confirm the estate’s total value before you go.

Your Duties After You Collect

Picking up the assets is only half the job. As affiant you act as an agent for all successors, which means you have a legal duty to distribute the property exactly as the affidavit describes.³ Keeping more than your share, delaying distribution, or ignoring a co-heir’s entitlement can lead to a lawsuit for breach of that duty.

You are also answerable to any personal representative appointed later. If a creditor or unhappy heir eventually opens a formal probate case, the court-appointed representative can demand an accounting of everything you collected and distributed, as can anyone with a superior right to the estate.⁴ Skipping probate means no judge is supervising the distribution; if you handle it improperly, the consequences land on you.

The affidavit does not erase the decedent’s debts either. Creditors can still pursue the estate’s assets, and if you distribute everything to heirs before paying legitimate debts, you may be personally on the hook. The safer approach is to identify known creditors, pay outstanding obligations from the collected funds first, and distribute only what remains.

When to Use a Different Process

The affidavit works well for straightforward situations: a parent dies with a checking account, a car, and some personal belongings, and the heirs agree. It’s the wrong tool when any of the following is true:

The estate includes real property. Even a small cabin or vacant lot requires a different process.
The total probate estate exceeds the cap. You count everything, not just what you plan to claim; an overlooked brokerage account can push you over.
Heirs disagree. No court oversees distribution, so there is no built-in way to resolve disputes.
Significant debts exist. Without the structured creditor-notice period that probate provides, you risk personal liability.
A personal representative has already been appointed anywhere. The affidavit path is permanently closed.

In those situations, informal probate is Colorado’s middle-ground option. It involves more paperwork and a court filing, but it provides judicial oversight, a formal creditor-notice period, and legal protection for the personal representative that the affidavit process does not offer.

1
Colorado Judicial Branch. JDF 999 – Collection of Personal Property by Affidavit
2
Justia Law. Colorado Code 15-12-1201 – Collection of Personal Property by Affidavit
3
Colorado Judicial Branch. JDF 998 – Guide to Collecting a Decedents Personal Property
4
Justia Law. Colorado Code 15-12-1202 – Effect of Affidavit
5
Colorado DMV. What to Do When a Loved One Dies