After a death in Colorado

Small estates

Collection of personal property by affidavit (court form JDF 999). For deaths in 2026, the estate subject to probate, less liens, must be $88,000 or less. The limit is adjusted each year and depends on the year of death. Wait at least 10 days after death. The person signing must be a successor, or act for the successors, and be 18 or older. It cannot be used if a personal representative has been appointed or applied for. It does not transfer real estate.

• Limit: $88,000 (deaths in 2026)
• Waiting time after the death: 10 days
• Source: the official source

Probate court

In Colorado, estates are handled by the District Court of the county; in Denver, the Denver Probate Court, usually in the county where the person lived.

Creditor claims: 4 months after the first publication of the notice to creditors. If no notice is published, claims are barred 1 year after death.

Official court forms

Probate | Colorado Judicial Branch

Probate self-help guides and a link to the full list of probate forms from the Colorado Judicial Branch.

Small estate form: open the form

JDF 999 is the Collection of Personal Property by Affidavit form for small estates. The value limit depends on the year of death.

Estate and inheritance tax

• State estate tax: No. Colorado has no state estate tax.
• Inheritance tax: No. Colorado has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Beneficiary deed (C.R.S. 15-15-401 and after). It must be recorded with the county clerk and recorder before death.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and either 2 witnesses or acknowledged before a notary instead of witnesses. A self-proving affidavit is optional.

Handwritten wills: Valid if the signature and the material portions are in the testator’s handwriting.

Power of attorney and health care directive

Financial power of attorney: Colorado adopted the Uniform Power of Attorney Act (C.R.S. 15-14-701 and after). The principal must sign. Notarizing is not strictly required, but a notarized signature is presumed genuine, and notarizing is needed to record it for real estate. The Act includes a statutory form.

Health care directive: Medical durable power of attorney (names a health care agent), declaration as to medical or surgical treatment (living will), CPR directive, and MOST form for seriously ill patients. A living will is signed with 2 witnesses.

Death certificates

Certified copies come from the Colorado Department of Public Health and Environment, Office of Vital Records (also county vital records offices). The funeral home can usually order them for you.

Online orders through VitalChek or GoCertificates. Normal online processing is about 30 business days.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Colorado lets a notary take the place of the 2 witnesses on a will. The small estate limit changes every year, so use the figure for the year of death.