How to submit an affidavit accounting for personal property in a small estate case — Colorado (CO) | Colorado Probate

Detailed Answer

This article explains how to prepare and submit an affidavit to collect or account for a decedent’s personal property under Colorado small‑estate procedures. It summarizes the typical steps, the documents you will need, and what to expect when you present the affidavit to a bank, other custodian, or the court. This is a general guide only and not legal advice.

What a small‑estate affidavit does

Colorado law provides a streamlined way to collect personal property of a decedent when the estate qualifies as a “small estate.” A properly completed affidavit lets the person entitled to funds or property (for example a spouse or an heir) show the holder of property — such as a bank, broker, or private holder — that they may release funds or personal items without opening a full probate administration.

Who may use a small‑estate affidavit

Typically, the person who may use the affidavit is someone entitled to receive the decedent’s personal property under the decedent’s will or under Colorado’s intestacy rules (for example, spouse or next of kin). If a personal representative has already been appointed for the decedent’s estate, the affidavit process may not be available. Check the statute and local court rules to confirm eligibility.

Core steps to prepare and submit the affidavit (step‑by‑step)

Confirm the estate qualifies: Verify the estate is limited to personal property (no real property requiring probate in Colorado) and that the estate falls below Colorado’s small‑estate limits. Confirm no personal representative is currently appointed. See Colorado Revised Statutes (Title 15 – Probate and Fiduciary matters) for the controlling rules; you can start at the Colorado statutes page: leg.colorado.gov (Colorado Revised Statutes).
Gather required documents:
- Certified copy of the decedent’s death certificate (several certified copies are recommended).
- Government photo ID for the person signing the affidavit.
- Documentation of the assets you are trying to collect (bank statements, account numbers, life insurance policy information, vehicle/title documents, personal property lists, etc.).
- Proof of your relationship or entitlement (marriage certificate, birth certificate, or affidavit of heirship) if asked by the custodian.
Draft the affidavit: The affidavit should be a sworn statement signed and notarized. Common elements include:
- Full name and address of the affiant (the person signing).
- Name, date of death, and last address of the decedent.
- Statement that the decedent died owning only personal property subject to small‑estate procedures and that the estate qualifies under Colorado law.
- A clear list of the personal property or amounts to be collected, with estimated values and account numbers or identifying details.
- A statement that no personal representative has been appointed and that the affiant is entitled to collect the property (describe relationship or basis of entitlement).
- A sworn statement under penalty of perjury and a notary block or other officer’s acknowledgment.
Many counties or the Colorado Judicial Branch publish sample forms or checklists; check local probate court or state court self‑help pages for templates you can adapt.
Attach supporting documents: Staple or bind the certified death certificate and any account statements or title documents to the affidavit so the custodian can verify the claim quickly.
Notarize the affidavit: Sign the affidavit in front of a notary public and obtain the notarial acknowledgment. Some institutions insist on an original notarized affidavit (not a photocopy).
Present the affidavit to the property holder: Bring the original, notarized affidavit plus supporting documents to the bank, brokerage, or other custodian. Many institutions will have an internal process for reviewing small‑estate affidavits and will release funds after verifying identity, account ownership, and entitlement. Some institutions may accept a certified copy of a court filing if you choose to file the affidavit with the court first.
If a bank or custodian refuses: If the custodian refuses to release property despite a compliant affidavit, you may need to (a) ask for written reasons for the refusal, (b) obtain a court order or file a simple probate petition, or (c) open a formal estate administration. In contested situations or where asset value or ownership is unclear, consult an attorney.
Optional filing with the court: In Colorado some people file the affidavit with the probate court for official record or when requested by the custodian. Check local court procedures or speak with the county probate clerk before filing. For general probate self‑help information: Colorado Judicial Branch – Probate self‑help.

Example (hypothetical)

Maria’s father died owning a single bank account and some household items, and there is no will or real property. Maria collects a certified death certificate, prepares a signed and notarized affidavit listing the account and household items, attaches the bank statement and her ID, and presents the packet to the bank. The bank verifies the documents and, after completing its internal review, releases the account balance to Maria without formal probate.

When NOT to use a small‑estate affidavit

If the decedent owned real property in Colorado that must be probated.
If the estate exceeds Colorado’s small‑estate monetary threshold.
If a personal representative (executor) has already been appointed for the decedent’s estate.
If heirs dispute ownership or entitlement — contested matters usually require court involvement.

Statutory reference and resources

Colorado’s probate laws are located in the Colorado Revised Statutes (Title 15). For authoritative text and to confirm current dollar limits, waiting periods, and exact statutory language, consult the Colorado Revised Statutes at the Office of Legislative Legal Services: Colorado Revised Statutes (CRS). For practical courthouse forms and local procedures, contact the Colorado Judicial Branch or the clerk of the county probate court where the decedent lived: courts.state.co.us.

Disclaimer: This is general information about Colorado small‑estate affidavits and is not legal advice. I am not a lawyer. Laws and court forms change. For help specific to your situation — especially if there are disputes, unusual assets, or uncertainty about eligibility — consult a licensed Colorado attorney or contact the local probate court.

Helpful Hints

Before preparing an affidavit, call the institution (bank, broker, or custodian) and ask what documentation and forms they require to release assets under a small‑estate affidavit.
Order multiple certified death certificates (institutions often keep one). It’s cheaper to order several at once than to obtain additional certificates later.
Bring original documents and notarized originals when presenting to custodians; many institutions will not accept photocopies for release of funds.
Keep careful records: make dated copies of everything you submit and note the name and title of the person you spoke with at the institution.
If multiple heirs exist, consider communicating with them in writing and getting their written consent to avoid disputes later.
When in doubt about whether the estate qualifies or how to complete the affidavit, consult a Colorado probate attorney or the county probate clerk for guidance.