Table of Contents
The Affidavit for Collection of Personal Property by Affidavit is regulated in the State of Colorado pursuant to; §15-12-1201, §15-12-1202(3), §15-12-1202(1), § 15-12-1201(3.5) C.R.S. C.R.S
This Affidavit enables the people who are entitled to the dead person’s (decedent’s) Personal Property. Person Property includes the decedents belongs, like a vehicle, but does NOT include their Real Property such as a real estate, houses or land. For transfers of Real Property please look into § 15-12-1201(3.5) C.R.S.
Is the Property in Question considered Personal Property?
This Affidavit will entitle you to payments of all money that is owed to the decedent and provide you legal claim to all of their tangible personal belongings. Once you receive their belongings, you will be held accountable for them and to any other person who has superior right. A person with superior right would be the money left to be paid to a bank for a loan on a vehicle, these kind of rights still remain intact.
Legislation sets out the legal limitations to what is and what isn’t Personal Property. The maximum limits are as follows; Property Owned with a total value not exceed.
|Year of Death||Amount|
other personal property valuing above these limits are NOT considered Personal Property and are dealt with outside of this Affidavit.
When can I use this Affidavit?
This type of Affidavit can only be used 10 Days since the death of the decedent.
How to Write
Filling in this document requires you to complete 10 steps
- Step 1. You should fill in the State of Colorado County in which you plan to submit the form.
- Step 2. You should fill in the decedent’s full name.
- Step 3. You should fill the full names of all Successor; please see the previous page for more information on Successors.
- Step 4. You should fill in a short, concise description of the property that will be transferred, adjacent to the name of the correct Successor. (This could include, deposits, contents of safety deposit boxes at banks, etc., all tangible personal property, any instruments evidencing a debt, obligation, stock, stoke brand or any pending legal action and all other types of personal property)
- Step 5. You should fill in the amount, proportion or percentage in relation to the item you described in the adjacent box.
- Step 6. You should only use this section if someone is going to be collect Property on behalf of a successor. If this section does not apply to you, leave Box’s 5,6,7 blank. If relevant, you should fill in the name of the person acting on Behalf of the Successor.
- Step 7. You should fill in a short, concise description of the property that will be transferred, adjacent to the name of the correct person acting on behalf of the Successor. (This could include, deposits, contents of safety deposit boxes at banks, etc., all tangible personal property, any instruments evidencing a debt, obligation, stock, stoke brand or any pending legal action and all other types of personal property)
- Step 8. Here you should fill in the amount, proportion or percentage in relation to the item you described in the adjacent box.
- Step 9. You should fill in the Affiant’s name in full.
- Step 10. The Affiant should then sign in the given area.
- Step 11. You should fill in the date that this Affidavit was signed.
All other information should be left blank until you deliver the document.
Things to Remember
- Once you complete the affidavit, you must personally take it to the person or organization holding the property so it can be officially dated, signed and stamped and the agent will have the power to transfer the property. There may be a charge.
- When you deliver the Affidavit, you should take with you a copy of the decedent’s death certificate with you.
- You will need to check the all relevant bodies for items that need registration or licence, such as vehicles.
- You cannot use this Affidavit if there is an application or petition for a personal representative of the decedent’s estate. (Pending or Granted) A personal representative is someone who has been officially named / given the legal power to handle the decedent’s estate.
- You cannot use this Affidavit if there is a legal action or proceedings involved regarding the estate.
If you are receiving property on behalf of another, you become an agent along with the duties of an agent under Colorado Law.