Colorado Estate Planning Resources
In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.
Complete Colorado's official JDF 999 Collection of Personal Property by Affidavit for estates up to $88,000. C.R.S. §§ 15-12-1201, 15-12-1202.
Step 1 of 5
The Colorado affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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Yes — JDF 999 Collection of Personal Property by Affidavit. This tool completes the official form with the estate, successor, and property details.
$88,000, per C.R.S. §§ 15-12-1201, 15-12-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
10 days after the death (C.R.S. §§ 15-12-1201, 15-12-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
A person claiming to be a successor of the decedent, or a person acting on behalf of a successor; the affidavit is made by or on behalf of the successor. A person acting on behalf of a successor owes the successor the duties of an agent (§ 15-12-1201(4)), and JDF 999 requires the affiant be 18 or older. C.R.S. § 15-12-1201(1), (4).
The person or institution indebted to the decedent or holding the decedent's personal property — funds on deposit at or safe-deposit-box contents at a financial institution, tangible personal property, or instruments evidencing a debt, obligation, stock, chose in action, or stock brand. A transfer agent must re-register securities (§ 15-12-1201(2)) and the public official with cognizance over registered title must change registered ownership (§ 15-12-1201(3)) on the same affidavit.
The Colorado affidavit is signed before a notary (C.R.S. § 15-12-1201(1) ("affidavit"); JDF 999 § 3 (notarized signature)).
The person paying, delivering, transferring, or issuing property pursuant to the affidavit is discharged and released to the same extent as if dealing with a personal representative (§ 15-12-1202(1)); a holder who refuses without reasonable cause is liable for all costs including reasonable attorney fees once right is proven (§ 15-12-1202(3)); the recipient is answerable and accountable to any personal representative or other person having a superior right (§ 15-12-1202(4)).
The affidavit is not valid for the transfer of real estate (stated on JDF 999). Where an indebtedness collected by affidavit is secured by real property (mortgage/deed of trust), the affiant must record a copy of the affidavit and the death certificate with the clerk and recorder of the county where the real property is located (§ 15-12-1201(3.5)). C.R.S. § 15-12-1201(3.5).
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