Colorado Small Estate Affidavit | Form JDF 999

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A Colorado small estate affidavit is a legal document that can help someone collect property that is owed to them and that formerly belonged to a person who died (a “decedent.”) The process is also called a ‘Collection of Personal Property by Affidavit’, and it is useful because it allows successors or heirs to avoid a lengthy probate process. It is only available to estates below the maximum value established by state law, and may be used only for personal property, not real property.

Laws

How to File (4 steps)

Step 1 – Wait Ten Days

At least ten (10) days must pass before completing a Colorado small estate affidavit.

Step 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. Once this is done, verify that there is not a pending appointment for a personal representative of the estate. To do this, 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.

Step 3 – Fill out Form JDF 999

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.

Step 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.

How to Write

Download: Adobe PDF

(1) Colorado County. The Colorado County where this affidavit will be in effect should be dispensed at the beginning of this document.

Section 1

(2) Colorado Affiant. The Colorado Affiant is the Party completing and notarizing this document. This may be one Person or several People – all of whom with a valid claim to the Colorado Decedent’s estate. List each Affiant by name in the first article.

Section 2

(3) Colorado Decedent. Since at least ten days must have passed since the Colorado Decedent’s death, count the number of days between the execution of this form and the calendar date of the Colorado Decedent’s death as it was reported on his or her death certificate.

Section 6

(4) Name Of Successor. A brief table included in this form will enable a report on the Successor or Successors to the Colorado Decedent’s estate. Each one should have a valid claim on the property of the Decedent by virtue of a strong and recognized relationship (i.e. a Spouse, a Sibling, a Parent, or a Child of the Decedent). List each Successor by name.

(5) Description Of Property. Define the property from the Colorado Decedent’s estate that each Successor is entitled to receive. Make sure to coordinate each piece of property listed with the name of the Successor entitled to it by working across each row.

(6) Amount. Dispense the dollar amount that each piece of property listed in the second column is worth. Record this dollar amount in the third column on the same row.

Section 7

(7) Name Of Successor Or Person Collecting On Behalf Of Successors. Separate Agents may have been named by different Successors to collect the Decedent’s property. If so, record the name of each Successor or Agent who shall collect the Colorado Decedent’s property from the estate.

(8) Description of Property. Define the property of the Colorado Decedent that each Collector (whether Successor or a Successor’s Agent) shall seek to gain in the second column.

(9) Amount. Furnish the “Amount” column with the dollar value of the property that will be collected by the Successor or Successor Agent named in the first column.

Verification And Acknowledgment

(10) Affiant Name. The end of this form shall require some basic preparation before the Affiant can execute it. Each Affiant named in Section 1 must be presented to the acknowledgment statement.

(11) Printed Name. Each Colorado Affiant named in Section 1 must begin the signature process by printing his or her name.

(12) Colorado Affiant Signature. The Colorado Affiant(s) must sign this document before a Notary Public in Colorado.

(13) Signature Date. After signing this form, the Colorado Affiant must document the date then give this form to the Notary Public observing this action.

(14) Notary Public Authentication. The Notary Public who has watched each Colorado Affiant sign this document will formally submit the Affiant’s signature to the notarization process.