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The threshold for a small estate affidavit in Colorado is $74,000 or less in personal property as of 2022. If the decedent passes away in 2021 or 2020, the threshold is below $70,000. In such cases, the inheritor can claim the property without court involvement almost immediately after the owner's death.
Even with a valid Will your estate may still have to go through probate. Assets subject to probate in Colorado include real estate titled only in the name of the person who died, or other assets they owned if the total combined value is $64,000.00 or more.
A ballpark fee for preparation of the affidavit is between $750 for a very simple estate with few heirs to several thousand dollars for a more complicated estate with many heirs. The filing fees to record the affidavit in each county where the real property is located usually run about $50 to $75 in Texas.
All wills and intestate estates must be probated.
You need a small estate affidavit in Colorado if you want to quickly inherit only the personal property, not the real estate. You don't need to file the form with a court. Still, it's a legal document you can use when a third party or bank holds the personal property you want to inherit.
Affidavit of Deceased Joint Tenant for Real Estate Located in Colorado. Use a Colorado supplemental affidavit of deceased joint tenant to provide formal notice that a named joint owner of real property has died. Colorado law allows two or more people to co-own real property as either tenants in common or joint tenants.
The small estate affidavit is a legal document that must be completed and signed by the person entitled to receive the deceased person's assets. It must be filed with the court in the county where the deceased person lived, along with a certified copy of the death certificate.
Is Probate Required in Colorado? In most cases, some type of probate is required for estates in Colorado. If the value of the estate is less than $65,000, it may go through an affidavit process with the court rather than probate.
2023 is $80,000; Y.O.D. 2022 is $74,000; 2021 and 2020 is $70,000; 2019 is $68,000; and 2018 and 2017 is $66,000.