No
Two Options
No Property at all
If the decedent did not own any real property or if decedent's real property was owned in joint tenancy or titled with a beneficiary deed AND decedent did not own personal property (personal belongings) over $70,000 (if they died in 2020), then you should not have to file a Probate case.
- Learn More: Year of Death other than 2020.
If you are unsure, be sure to talk with an attorney before filing.
Personal Property less than $70,000
If the Decedent owned non-real, personal property that is less than $70,000 (if the year of death is in 2020) then you may fill out the form for Collection of Personal Property.
- Learn More: Year of Death other than 2020.
Who May File?
- Any successor of the decedent, or any person acting on behalf of a successor, can collect assets or distribute them to persons entitled to receive distributions.
What Form Do I Use?
- Form: Collection of Personal Property JDF 999
- This form is NOT filed with the Court and no Court case is started.
- Be sure to read the instructions: JDF 998
When do I use This Form?
- The Affidavit may be used if:
- At least 10 days have passed since the date of death.
- And, the value of the property minus liens and encumbrances does not exceed the amount for decedent's year of death.
- For more information see JDF 998 - Instructions.
- And, the appointment of a Personal Representative is not pending, nor has been granted in Colorado or any other state.
- If the decedent had a lien against someone, file this form and a copy of the death certificate with the Clerk and Recorder in the county where the real estate is located.
- The affidavit can only be used to collect the personal property, not transfer real estate.
How to Use the Affidavit (JDF 999)
- The form must be completed and delivered to the entities who are the holders of the property,
- For example, a bank.
- The affidavit must be given to any person indebted to the decedent or has possession of any of the decedent's tangible personal property.
- Example: Funds in a bank, contents of a safe deposit box.
Keep in Mind
- Some entities will not accept this form alone and they may require you to file a Probate case.
- The Colorado DMV will NOT accept this form. But has its own required affidavit - DR 2712 to transfer title to motor vehicles, motorcycles, motorhome, etc.
- Some entities may also require a certified copy of the death certificate.
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