Small estate affidavits in Colorado and Arizona
A small estate affidavit lets heirs collect property without probate. As of October 2026, Colorado allows up to $88,000 in personal property for 2026 deaths, after a 10-day wait, but no real estate. Arizona allows up to $200,000 in personal property after 30 days, and Arizona real estate up to $300,000 after 6 months.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
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- 5 minutes
This guide is general information about Colorado and Arizona law as of . It is not legal advice.
What is a small estate affidavit?
A small estate affidavit is a sworn form. It lets the person entitled to an estate collect property without opening probate. There is no court case. The person signs the form, has it notarized, and gives it to the bank or whoever holds the property.
It works only when the estate is under a dollar limit, and only after a waiting period. Each state sets its own rules.
How do the Colorado and Arizona affidavits compare?
| Topic | Colorado | Arizona |
|---|---|---|
| Personal property limit | $88,000 for 2026 deaths (C.R.S. 15-12-1201) | $200,000 (A.R.S. 14-3971) |
| Waiting period | 10 days after the death | 30 days after the death |
| Real estate | Not allowed | Separate affidavit: up to $300,000, using the full cash value on the county assessor’s roll, minus liens; 6 months after the death |
| Filed with the court? | No. Given to the holder | Personal property: no. Real estate: yes |
| Court fee | None | Personal property: none. Real estate: a court fee applies |
| Form | JDF 999, with instructions in JDF 998 | Arizona court forms |
| Vehicles | DMV form DR 2712 | Motor vehicle division accepts the affidavit |
Does the Colorado limit change each year?
Yes. Colorado’s limit is set by the year of the death, and it usually rises. As of October 2026, the limits are (Colorado Judicial Branch JDF 998 and JDF 999):
- $88,000 for 2026 deaths,
- $86,000 for 2025 deaths,
- $82,000 for 2024 deaths,
- $80,000 for 2023 deaths,
- $74,000 for 2022 deaths, and
- $70,000 for 2020 and 2021 deaths.
The court updates the forms from time to time. The current form shows the limit for each year.
What does the affidavit cover?
The affidavit covers personal property in your loved one’s name alone. That includes bank accounts, cash, stocks, belongings, and money owed to them. In both states, the limit is measured after any liens, like a car loan. Arizona values the property as of the date of death (A.R.S. 14-3971).
Property that already passes on its own isn’t collected by the affidavit. That includes accounts with a named beneficiary, payable-on-death accounts, and property in a living trust.
How does the Colorado affidavit work?
- Wait 10 days. The affidavit can be used once 10 days have passed since the death.
- Check that no one has applied to be personal representative. It can’t be used if a personal representative has been appointed, or has applied, in any state (JDF 998).
- Fill out form JDF 999. The court’s instructions are in JDF 998.
- Sign before a notary. Attach a certified death certificate.
- Give it to each holder. That might be a bank, a brokerage, or a storage company. It isn’t filed with the court, and there is no court fee.
- Handle vehicles separately. The Colorado DMV uses its own form, DR 2712. If the car had a transfer-on-death beneficiary, that person uses form DR 2009 instead (C.R.S. 42-6-110.5).
A holder who refuses a valid affidavit without reasonable cause can be liable for attorney fees (C.R.S. 15-12-1202).
How do the Arizona affidavits work?
Arizona has one affidavit for personal property and another for real estate (A.R.S. 14-3971).
For personal property, up to $200,000:
- Wait 30 days after the death.
- Check the conditions. No personal representative can have been appointed, unless the appointment has ended. Funeral and last-illness expenses must be paid.
- Sign the affidavit under oath, following the form’s instructions.
- Give it to each holder. It isn’t filed with the court.
Arizona’s motor vehicle division transfers a car’s title on the affidavit (A.R.S. 14-3972). A surviving spouse can also collect up to $5,000 of wages owed, on affidavit (A.R.S. 14-3971).
For Arizona real estate, up to $300,000:
The value is the home’s full cash value on the county assessor’s roll for the year of the death, minus liens (A.R.S. 14-3971). That can differ from the price the home would sell for.
- Wait 6 months after the death.
- Check the conditions. All unsecured debts, and funeral and last-illness expenses, must be paid. No federal estate tax can be due.
- File the affidavit with the Superior Court in the county where your loved one lived. A court fee applies.
- Record the certified copy. The court’s registrar issues a certified copy, which is recorded with the county.
What does signing an affidavit mean?
Signing an affidavit is a sworn statement. Arizona’s real-property affidavit says that a false statement may bring perjury penalties (A.R.S. 14-3971). The person who collects property this way must use it for the people entitled to it. They may have to account for it later, for example to a personal representative or someone with a better claim (A.R.S. 14-3972). If you aren’t sure who is entitled, or whether debts must be paid first, it’s worth asking before you sign.
When is a small estate affidavit not enough?
An affidavit may not work, or may not be the right tool, when:
- there is real estate in Colorado in your loved one’s name alone,
- the estate is over the limit, even by a little,
- a personal representative has already been appointed or has applied,
- the family disagrees about who is entitled to what,
- there are large debts. Arizona’s real-property affidavit requires unsecured debts to be paid first,
- Medicaid paid for long-term care. In Arizona, AHCCCS can seek repayment from property that passes by small estate affidavit, including the home (AHCCCS estate recovery policy). Health First Colorado also has an estate recovery program (Health First Colorado). Ask us how it applies before you collect property,
- a holder won’t accept it, or
- property is in another state, which has its own rules.
In these cases, probate may be needed. Our guides to Colorado probate and Arizona probate explain the steps.
Is there anything between an affidavit and full probate?
In Colorado, yes. There is a separate, court-filed summary procedure for some small estates. Its filing fee is $113 (C.R.S. 15-12-1203; Colorado Judicial Branch fee list, as of October 2026). Regular probate starts with a $229 filing fee. Whether the summary procedure fits depends on the estate, so it is worth asking.
In Arizona, if the affidavit doesn’t fit, the usual next step is informal probate. The statewide base filing fee is $191 (Arizona Supreme Court fee schedule, as of October 2026).
Questions people ask
Can I use a small estate affidavit for a house in Colorado?
No. Colorado’s affidavit covers personal property only, like bank accounts and belongings. A Colorado home in the person’s name alone usually needs probate, unless it had a recorded beneficiary deed or was in a living trust.
Do I file the affidavit with the court?
Not in Colorado. You give it to whoever holds the property, with a death certificate. Arizona’s personal-property affidavit works the same way. Arizona’s real-property affidavit is different: it is filed with the Superior Court, which issues a certified copy to record.
What if the bank won’t accept my affidavit?
In Colorado, a holder who refuses a valid affidavit without reasonable cause can be liable for attorney fees (C.R.S. 15-12-1202). In either state, a letter from a lawyer can sometimes resolve it. If not, probate may be needed.
Which year’s limit applies in Colorado?
The year of the death, not the year you sign. For a 2026 death, the limit is $88,000. For a 2025 death, it is $86,000 (Colorado Judicial Branch JDF 998, as of October 2026).
When should you call a lawyer?
Consider calling us if:
- you aren’t sure whether the estate is under the limit,
- the only real property is a Colorado home,
- a bank or other holder won’t accept the affidavit,
- your loved one received ALTCS or Health First Colorado long-term care,
- family members disagree,
- there is property in both Colorado and Arizona.
Sources
- Colorado Revised Statutes, Title 15 (2024 official edition): C.R.S. 15-12-1201, -1202, -1203; vehicles: C.R.S. 42-6-110.5
- Colorado Judicial Branch: JDF 998, small estate instructions, JDF 999, small estate affidavit, and court fee list
- Colorado DMV: What to do when a loved one dies
- Arizona Revised Statutes: A.R.S. 14-3971 and 14-3972
- Arizona Supreme Court: Superior Court filing fees
- AHCCCS: Estate recovery program overview
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