Free Colorado Affidavit of Heirship Form

Colorado Affidavit of Heirship Form: Your Full Guide

When you want to convey property in Colorado following the death of a person without a will or without a formal probate, then it is important to understand the Colorado Affidavit of Heirship Form. This FAQ-based guide answers what the Affidavit of Heirship Form is, how it can be used, and what its functions are in the case of personal or real estate property, vehicles, and so on.

What Is an Affidavit of Heirship?

An affidavit of heirship refers to a document encompassed under the locution of passed-on legal affirmation and is utilised to confirm the heirs of the dead person in the event that a more formal probate cannot be accomplished or is not required. In Colorado, this device is used to make it easier to transfer an estate, particularly in small estates where there is family-owned real estate.

Key points:

• • Where a person dies intestate (without a will), it determines heirs.

  • It may be utilised on personal property and real estate.

  • The Affidavit of Heirship Form has to be notarised and usually contains information about the deceased, his/her heirs, and the property.

Does Colorado Have an Official Affidavit of Heirship Form?

While state law does not include a statute titled “Affidavit of Heirship,” you have several affidavit options:

• • Small Estate Affidavit (JDF-999): For personal property only, not exceeding about $82,000 in 2024, and used at least 10 days after death.

  • Affidavit of Heirship for Real Estate: Used as supporting evidence for property claims, but only a court order (decree of heirship), personal representative’s deed, or heirs' deed transfers legal title.

  • Decree of Heirship: When full, marketable legal title is needed, heirs petition the court for a formal determination.

How Does a Colorado Affidavit of Heirship Form Work?

• 1. Small Estate Affidavit

     • • Used for personal property (bank accounts, vehicles, stocks, etc.).

       • Conditions:

         • No formal probate filed.

         • Estate value (minus liens) is under the threshold ($82,000 for 2024).

         • At least 10 days since the date of death.

       • Must be presented with a certified death certificate and typically must be notarised.

  2. Affidavit of Heirship for Real Estate

     • • Prepared by a “disinterested affiant” (not a beneficiary).

       • Signed by two witnesses.

       • Notarised and recorded with the county clerk and recorder’s office.

       • Describes the decedent, their heirs, and legal property descriptions.

       • Does not transfer legal title—only provides supporting evidence for heirs’ claims.

What Are the Uses and Benefits of the Affidavit of Heirship Form in Colorado?

• • Avoids costly and lengthy probate for simple cases.

  • Transfers possession of personal property quickly.

  • Allows family members to access assets like bank accounts or vehicles.

  • Serves as prima facie evidence of heirship for real estate, supporting property ownership claims.

  • Can be used as part of a package when selling a house or vehicle formerly owned by the decedent.

Is a Free Blank Affidavit of Heirship Form Available?

Yes, it has templates available of the free blank affidavit of heirship form, which can be customised to serve Colorado, but forms are expected to correspond to the requirements of the state law and be signed in accordance with the prescribed order by a notary.

How to Get a Legal Heir Affidavit in Colorado?

• 1. Collect essential information: full name of the deceased, date of death, list of heirs, and property description.

  2. Choose the correct form: Use the Colorado Affidavit of Heirship Form for real estate or the JDF-999 Small Estate Affidavit for personal property transfers.

  3. Obtain supporting documents: Get the death certificate and past estate documentation.

  4. Complete the form: Be sure it is correct, honest, and has all the due signatures.

  5. Notarisation & recording: Notarise the document and, in real property, record it with the county clerk.

What Is Required for a Sample Affidavit of Heirship Form PDF?

• A sample PDF form for Colorado generally contains:

  • Client and decedent information

  • Legal description of property

  • List of heirs and their relationship to the decedent

  • Attestations by affiants and witnesses

  • Notary section

Frequently Asked Questions (FAQs)

Q: Does the Colorado Affidavit of Heirship Form transfer title to real estate?

A: No, it provides evidence, but only a court decree or heirs’ deed fully vests legal title.

Q: Can I use the Affidavit of Heirship Form for a motor vehicle?

A: Yes, especially for vehicles as part of a small estate, using the JDF-999 affidavit at the DMV.

Q: What about selling a house?

A: The Affidavit of Heirship to sell the house provides supporting documentation, but to transfer marketable title, a court order may be needed.

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