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Small Estate Affidavit Colorado Form

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Small Estate Affidavit Colorado Form

Complete your Colorado small estate affidavit form and notarize it online. Claim your small estate property without waiting for formal probate in court.

What is a Small Estate Affidavit, Colorado?

A Colorado small estate affidavit lets you obtain the possessions of a deceased person avoiding the timely probate procedure. The document is also called the Colorado Affidavit for Collection of Personal Property. By personal property, the Colorado state qualifies machinery, furniture, devices, household goods, and tools utilized to help a person gain earnings or do business. 

Unlike the collection of real property like land or apartments, personal property by affidavit in Colorado doesn’t require the heirs to wait for court hearings. The form allows for a much faster way to pass the deceased’s personal property to the heirs.

Small Estate Affidavit: Colorado Requirements

Before filling out the form, make sure you qualify with Colorado State requirements. 

  • Time After Death: 10 days minimal
  • Small estate limit: $ 74,000 (as of 2022-2023)
  • Notarization: Obligatory

Time After Death of the Decedent

The time after death for filling small estate affidavits varied state by state. In Colorado, it should be at least 10 (ten) days since the person passes away, starting from the day stated in the death certificate.

Small estate limit 

According to Colorado small estate affidavit, the value limit of the personal property that belonged to the decedent and is to be inherited is calculated based on the year of the death of the latter. 

A small estate in Colorado qualifies any personal property below $74,000 (seventy-four thousand dollars) as of 2022. As an inheritor, you can claim this property almost immediately after the owner’s death without going to court. If the person died in 2021 or 2020, the limit is below $70,000. In 2019 it is $68,000, and 2018 / 2017 is $66,000.

Signing and Notarizing 

The Colorado state requires you to notarize the small estate affidavit. 

If several persons claim the personal property inheritance, they must be listed in the small estate affidavit form and be present during signature and notarization.  

Where to Get a Small Estate Affidavit in Colorado?

You can get the Colorado small estate affidavit form at the court or any local attorney, download the form online or simply open it at PandaDocs, where you can instantly fill it out and get notarized. 

Online notarization saves a bunch of your time and money, and it’s super easy. Just follow the instructions for the form completion and get your documents ready, i.e., the death certificate and ID verification document.

Small Estate Affidavit Colorado 2023: Instructions

Pay attention to the following general instructions for the Colorado small estate affidavit form to streamline your process with form completion.

  • The small estate affidavit form must be filled by an heir of the decedent or their authorized representative 18 years of age or older.
  • If the decedent leaves a will, the personal property is inherited accordingly. 
  • If there’s no will left, the small estate goes to the closest relatives under the Colorado “intestate succession” laws which is usually a spouse, children, parents, or close relative.
  • As an heir, you can claim this property from anywhere, regardless of its physical location.
  • You must enclose the death certificate with your small estate affidavit when filling out and presenting the form.

How to Notarize the Colorado Small Estate Affidavit Online

Online notarization of a small estate affidavit in Colorado is a jurisdictional procedure where the online notary acknowledges the applicant’s identity and puts his/her e-signature making the form legal. Use PandaDoc Notary, an online notarization service, to get your form ready in minutes. 

Step 1: Signup/ Register

Sign up to PandaDoc using your valid email and open the blank Colorado affidavit form. The form is fully editable online, and you don’t need any other editors installed.

Step 2: Complete and Sign the Form

Fill out the form field by field as stated in the instructions below. If other relatives are to be included in the affidavit, add their emails in the Participants field. When the form is completed, put your e-signature in and proceed to notarization. 

Step 3: Notarize in real-time

In the upper menu section, find the Notary tab and press ‘Notarize Now’. PandaDoc will locate a remote notary via a video conferencing session where you and other participants (if any) will need to confirm their identity. The choice of ID documents is extensive, so you may pick one which suits you best. When this is done, the notary e-signs the form, and that’s it. The entire process takes not more than 10 minutes. 

Step 4: Download / Share the Form

Once your video session is over, you get the fully legal notarized Colorado small estate affidavit which you can use the way you want – download a pdf, share online or print it out. 

How to Complete a Small Estate Affidavit in Colorado

The Colorado small estate affidavit is a two-page form with fields to be filled by the Affiant(-s) and the Notary. The form is entitled “Collection Of Personal Property By Affidavit Pursuant To § 15-12-1201, C.R.S.” In juridical circles, it’s also known as form JDF 999, as stated at the bottom of the pages. 

Follow the instructions on how to fill out the form.

  • Field #1 – State your full name as the affiant. 
  • Field #2 – Write the full name of the deceased. 
  • Paragraphs #3-5 inform you of the general rules of the Colorado affidavit for the collection of personal property. Read them carefully and make sure your case complies with all of them.
  • Field #6 – List all the successors in the table who are to collect the personal property of the decedent. State the personal property owed to each successor. In the Amount section, include the financial estimate in dollars of the possessions.
  • Field #7 – As a successor, you may entitle other representatives to manage the property collection and delivery. State the full names of the successors or their representatives. Include the description of the property they will collect and its dollar amount in the next column. 
  • Paragraph #8 informs about the legal right of the person to collect property on behalf of one or more successors and act under Colorado law.
  • Section #9 – The Verification And Acknowledgment section. This section is completed by a notary. 

Once you sign the form and get it notarized, it becomes a legal document allowing you to collect the personal property of your deceased relative. 

Your further and final step is to introduce the affidavit form to the individual or organization keeping the property. It can be a financial institution like a bank or credit union running the decedent’s account. Or the rental owner where the deceased person left the belongings. To collect these properties, you show the notarized small estate affidavit and a death certificate or copy.

FAQ

What is the purpose of a small estate affidavit in Colorado?

The purpose of a small estate affidavit in Colorado is to speed up the inheritance of personal property if their total value is below $74,000 and entitle you to legal rights to collect one. If the property holder prevents you from collecting the property by affidavit, they will have to cover costs associated with further attorney, transportation, etc. (§ 15-12-1202(3), C.R.S.). 

When do you need a small estate affidavit in Colorado?

You need a small estate affidavit in Colorado if you want to quickly inherit only the personal property, not the real estate. You don’t need to file the form with a court. Still, it’s a legal document you can use when a third party or bank holds the personal property you want to inherit. By presenting a notarized Colorado small estate affidavit form to them, you gain the legal right to gather this property immediately.   

Does the small estate affidavit need to be notarized in Colorado?

Yes, you are to notarize the small estate affidavit form in Colorado. The Judiciary of Colorado advises getting several notarized samples of the document.

How do I notarize a small estate affidavit in Colorado?

You can notarize a small estate affidavit in Colorado before the notary or use a remote notarization platform like PandaDoc. The Colorado regulations allow a remote notary to execute small estate affidavit notarization via real-time video conferencing. Online notarization in Colorado is fully legal and much more time-saving.