In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Colorado, the law provides a simplified process for administering small estates through the use of a Small Estate Affidavit. This process is available when the value of the estate, after the payment of funeral expenses, does not exceed $70,000 for personal property and the decedent did not own real property. The Small Estate Affidavit can be used by successors to collect the assets of the estate without formal probate. The affidavit must be signed by the successors of the estate and notarized before it can be presented to entities holding the assets of the deceased. If the decedent owned real property, a different procedure called a 'Determination of Heirship' can be used, which is a court-supervised process that may still be simpler than formal probate. It's important to consult with an attorney to ensure compliance with Colorado's specific requirements and to determine the most appropriate process based on the circumstances of the estate.