Laws
- Days After Death – At least 10 days must have passed since the death of the decedent before filing the affidavit.[1]
- Maximum Amount ($) – The total value of the personal property in the decedent’s estate, less any liens and encumbrances on that property, must be less than an amount that is set based on the year of the decedent’s death. If the decedent died in 2020 or 2021, then the value must be less than $70,000.[2]
- Signing – The affidavit must be notarized. The Colorado Judicial Branch recommends obtaining multiple notarized copies of the affidavit.
- Statutes – Probate Code’s Article 12, Part 12 (Collection of Personal Property by Affidavit)
How to Notarize (4 steps)
2. Ensure Eligibility
This will involve creating a list of all of the decedent’s personal property, assessing values, and ensuring that it falls below the state limit. Verify that there is not a pending appointment for a personal representative of the estate.
Check with the superior court in the county where the decedent resided, unless the decedent was a resident of Denver County, in which case this must be done with the Denver Probate Court.
3. Fill out Form JDF 999k
Complete Form JDF 999 and get it notarized. For assistance with filling out the form, click here. This form does not need to be filed with a court, but rather may be shown to those holding personal property that formerly belonged to the decedent.
The form endows the holder with a legal right to collect the property. In the event that the estate includes motor vehicles, these must be handled separately, by filing Form DR 2712 with the Colorado Department of Revenue’s Division of Motor Vehicles.
4. Distribute Assets
Form JDF 999 does not give the affiant, or the person who filled out the form, a legal right to the property. Instead, it allows the holder to collect property that belongs to successors or heirs of the decedent. If the decedent had a will, follow the instructions outlined in the will. If the decedent did not have a will, the Colorado rules of intestate succession determine how the decedent’s property will be distributed.