small estaten.
Reviewed by Owen Hathaway, AttorneyUpdated June 1, 2026A simplified, often court-free way to collect a modest estate's personal property using a sworn affidavit instead of full probate.
A small estate procedure lets a successor collect a decedent's personal property by presenting a sworn affidavit, avoiding a full probate case, when the estate's value falls under a statutory threshold, and no probate is pending.
The affidavit method typically reaches only personal property such as bank accounts and vehicles, and cannot transfer real estate, which generally still requires probate or planning in advance.
Colorado's collection-by-affidavit threshold is tied to year of death and adjusted annually for inflation: $88,000 for 2026 deaths, under C.R.S. § 15-12-1201. The affidavit cannot transfer real property. Wyoming's collection-by-affidavit threshold is $400,000 (flat, no inflation adjustment), under Wyo. Stat. § 2-1-201. The affidavit must be filed with the county clerk. Real property requires a separate summary proceeding under § 2-1-205.
Related terms
- probateThe court-supervised process of proving a will, paying a deceased person's debts, and transferring what's left to the heirs or beneficiaries.
- personal representativeThe person appointed to settle a deceased person's estate such as gathering assets, paying debts, and distributing the rest. Older terms are executor (with a will) and administrator (without).