Affidavit for Collection of Personal Property of the Decedent 2025

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Code 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.
An Affidavit of Collection of Personal Property, also known as a small estate affidavit, allows an eligible individual to collect a decedents personal property without opening a formal probate case, as long as the estate qualifies as a small estate under Colorado law.
A: No, a small estate affidavit can only be used if the person died without a valid will. Q: Is an attorney required to complete a small estate affidavit? A: No, an attorney is not required. However, Isaac Shutt recommends that people seek help from a probate attorney, particularly if you are unsure about the process.
Probate, Trusts, and Fiduciaries 15-12-1201. Collection of personal property by affidavit. (d) Each person is entitled to payment or delivery of the property as set forth in such affidavit.
A small estate affidavit is a legal document in Colorado that simplifies the probate process for smaller estates. Its used to legally transfer assets of an estate valued at $70,000 or less, bypassing complicated probate court proceedings.

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Obtain a blank small estate affidavit form. In most cases, you can find it by visiting the probate court website. Note that this should be the court located in the county in which the decedent lived. Most county websites offer a self-help center where the form can be downloaded online.
Personal property is defined in 39-1-102(11), C.R.S. The definition may be paraphrased as everything which is the subject of ownership and which is not included in the term real property.

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