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Small Estate Affidavit Limits in Colorado

In Colorado, a successor can collect personal property by affidavit 10 days after the death if the estate is worth no more than $88,000 for 2026 deaths; real estate cannot pass this way.

Last checked . General information, not legal advice.

Colorado at a glance

Maximum estate value
$88,000 (deaths in 2026)
Twice the exempt property amount, adjusted yearly; $86,000 for 2025 deaths and $82,000 for 2024 deaths.
Waiting period after death
10 days
Real estate can pass
No
The affidavit covers personal property; it can be used for a debt secured by real property but not to transfer real estate itself.

Sources

Last checked

The rules in Colorado

What is the maximum estate value for a small estate affidavit in Colorado?

Maximum estate value in Colorado: $88,000 (deaths in 2026). Twice the exempt property amount, adjusted yearly; $86,000 for 2025 deaths and $82,000 for 2024 deaths.

How long after the death must you wait to use a small estate affidavit in Colorado?

Waiting period after death in Colorado: 10 days.

Can real estate pass by small estate affidavit in Colorado?

No. Real estate can pass in Colorado: no. The affidavit covers personal property; it can be used for a debt secured by real property but not to transfer real estate itself.

Where do the Colorado small estate affidavit limits come from?

The rules above come from Colo. Rev. Stat. 15-12-1201. Each source is linked on this page. We last checked them in October 2026.

Good to know

The limit depends on the year of death, as listed on the state affidavit form.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.