Colorado's recorded instrument, Affidavits referring to death, intestacy, heirship, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: statements relating to death, intestacy, heirship, relationship, age, sex, names, and identity of persons in an affidavit that has remained of record for twenty years are accepted and received as prima facie evidence of the facts stated, insofar as those facts affect title to real propertyC.R.S. § 38-35-113Verified Sep 24, 2026View source. The effect attaches once the affidavit has been of record for 20 yearsC.R.S. § 38-35-113Verified Sep 24, 2026View source. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.
The Colorado statute names no particular affiant; the affidavit is signed by someone with personal knowledge of the decedent's family. The statute names no witness requirementC.R.S. § 38-35-113 (scan); contrast C.R.S. § 38-31-103Verified Sep 24, 2026View source. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: Statements relating to death; Statements relating to intestacy; Statements relating to heirship; Statements relating to relationship; Statements relating to age, sex and names; Statements relating to the identity of personsC.R.S. § 38-35-113Verified Sep 24, 2026View source.
In Colorado, estates with personal property of $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source, 10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after death. Real property cannot pass through the affidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source; an estate that includes real estate uses a separate process. Colorado sets the limit by the decedent's date of deathC.R.S. § 15-12-1201Verified Sep 8, 2026View source; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.
10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after the death. The affidavit states that the period has passed, so it cannot be signed earlier.
The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.