The probate process can be long and drawn-out, costing your survivors time as well as money. Fortunately, Colorado offers two probate shortcuts for "small estates." If the property you leave behind at your death is below a certain amount, Colorado allows the property to be transferred more quickly and with less hassle. In other words, if your estate qualifies as "small," your loved ones may be able to use simplified probate procedures, or even skip probate entirely.
Colorado offers a procedure that allows inheritors to skip probate altogether. To qualify, the estate (the property you own at death) must meet these requirements:
Colo. Rev. Stat. Ann. § 15-12-1201. The affidavit also can't be used to transfer real estate—only "personal property," which is essentially everything but real estate.
Note that even if you own more property than $74,000, your survivors may still be able to take advantage of the small estate affidavit procedure. That's because under Colorado law, certain types of property don't count, such as:
So even relatively large estates might still qualify as a "small estate" for purposes of the affidavit procedure.
If your estate meets the requirements listed above, all your inheritor has to do is sign a simple document under oath, called an affidavit. Here's what the Collection of Personal Property by Affidavit contains:
After signing the document (and swearing to its truthfulness) and having it notarized, the inheritor simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate. After that, the person or institution transfers the property.
Another probate shortcut that Colorado offers is a simplified probate process for small estates, called "summary administration" (or "summary probate") in Colorado. Unlike the affidavit procedure discussed above, summary administration does not allow your survivors to skip probate. However, the probate process is much more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.
You can use summary administration in Colorado if the value of the entire estate, less liens and encumbrances (meaning after debts are subtracted), does not exceed the value of:
Colo. Rev. Stat. § 15-12-1203. So what does all this mean? It's tricky not to have an exact dollar amount to compare against the size of your estate, but it really depends on your circumstances—for example, whether you leave behind a spouse and/or children. Some of these amounts also change each year to match cost of living adjustments.
The bottom line is that if the size of your estate doesn't exceed these amounts, which can be set aside from your estate by law, your executor or personal representative can wrap up your estate in probate court very quickly because there aren't any remaining assets after these amounts are paid out.
If the estate qualifies, the executor or personal representative of the estate can use summary administration by taking the following steps:
Colo. Rev. Stat. § 15-12-1204. If it's available to your estate, summary administration allows the executor or personal representative to distribute the property in the estate without having to jump through the hoops of regular probate.
For more help handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).