Instructions For Completing Affidavit For The Collection Of Personal Property

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions For Completing Affidavit For The Collection Of Personal Property is a commonly used form within Colorado. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions For Completing Affidavit For The Collection Of Personal Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For Completing Affidavit For The Collection Of Personal Property:

• This form pertains to the State of Colorado

• The current version of this form was last revised on February 1, 2021

• The official Colorado source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Colorado’s Form JDF 998 - Instructions For Completing Affidavit For The Collection Of Personal Property up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Colorado form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Colorado probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form JDF 998, take a break, and then review. Probate and estate settlement processes in CO are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form JDF 998 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form JDF 998 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions For Completing Affidavit For The Collection Of Personal Property to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Colorado.

5 reasons you should submit JDF 998 as quickly as possible:

1. The sooner you begin, the faster Colorado can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Colorado. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Colorado is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Colorado probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Colorado probate clerk or court for exact answers regarding Form JDF 998, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For Completing Affidavit For The Collection Of Personal Property is one of the many probate court forms available for download through Atticus.

It may also be available through some Colorado probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Colorado.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form JDF 998 - Instructions For Completing Affidavit For The Collection Of Personal Property f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Colorado probate court office.

Instructions For Completing Affidavit For The Collection Of Personal Property is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Colorado-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Colorado Form JDF 998 - Instructions For Completing Affidavit For The Collection Of Personal Property. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 998 R2/21 INSTRUCTIONS FOR COMPLETING AFFIDAVIT FOR THE COLLECTION OF PERSONAL PROPERTY Page 1 of 2 These standard instructions are for informational purposes only and do not constitute legal advice. If you do not understand this information, please contact an attorney. This type of Probate Administration is handled exclusively between the person holding the Decedent’s property and either the person(s) entitled to the property or person(s) acting on behalf of such person(s). This process does not require a filing with the Court. INSTRUCTIONS FOR COMPLETING AFFIDAVIT FOR THE COLLECTION OF PERSONAL PROPERTY OF A DECEDENT GENERAL INFORMATION Who May USE JDF 999—Successor or Person Acting on Behalf of Successor(s) (JDF 999, #1) 1. Any successor of the decedent, or any person acting on behalf of one or more successors, can collect assets and distribute them to the persons entitled to receive distributions by presenting an affidavit (JDF 999). All of this can be done without seeking court appointment as personal representative for the estate in certain circumstances. When to Use JDF 999 (JDF 999, #2, #3, #4, and #5) 2. The affidavit may be used if: a. At least ten days have elapsed since the date of death; AND b. The value of the property of the estate, less liens and encumbrances, does not exceed, for the Decedent’s year of death (Y.O.D.):Y.O.D. 2020 and 2021 amount is $70,000; Y.O.D. 2019 amount is $68,000; Y.O.D. 2017 and 2018 amount is $66,000; Y.O.D. 2016, 2015, and 2014 amount is $64,000; Y.O.D. 2013 amount is $63,000; Y.O.D. 2012 amount is $61,000; AND c. The appointment of a personal representative is not pending nor has been granted by a Court in Colorado or in any other State. 3. The affidavit cannot be used to transfer real estate but may only be used to collect personal property. 4. To use the affidavit to transfer any document owned by the decedent that places a lien against real estate (such as a mortgage or deed of trust), the affidavit must be recorded with the clerk and recorder of the county in which the real estate is located, along with a copy of the decedent’s death certificate or other verification of death pursuant to § 15-12-1201(3.5). Description of Assets and Successor Proportions (JDF 999, #6 and #7) 5. Under # 6 of the affidavit, if all assets are to be divided among the successors in the same manner, then you may state “All Assets” under “Description of Property”. If all assets are not to be divided among the successors in the same way then list each asset separately. Separate affidavits may be filled out for one or more assets. 6. Under #7 of the affidavit, if all assets are to be paid to the same person(s) in the same manner, then you may state “All Assets” under “Description of Property”. If all assets are not to be paid to the same persons(s) in the same way, then list each asset separately. Separate affidavits may be filled out for one or more assets. Responsibility of Successor or Person Acting on Behalf of Successor(s) (JDF 999, #8 and #9) 7. Under #6 of the affidavit, a person, whether or not a successor, who collects property on behalf of one or more successors, is acting as an agent for such successors, and is responsible for distributing the property to all successors as specified in #6 of the affidavit. JDF 998 R2/21 INSTRUCTIONS FOR COMPLETING AFFIDAVIT FOR THE COLLECTION OF PERSONAL PROPERTY Page 2 of 2 8. Any person who receives property pursuant to this affidavit is answerable and accountable to any subsequently appointed personal representative of the estate or any other person having a superior right to the estate. How to Use JDF 999 9. The affidavit is not filed with the Court. Instead, the affidavit must be presented to any person that is indebted to the decedent or having possession of decedent’s tangible personal property, including but not limited to funds on deposit at or the contents of safe deposit box at any financial institution, or having an instrument evidencing a debt, obligation, stock, chose in action, or stock brand. Other Notes on Use of JDF 999 10. For additional information about collecting personal property, please review §15-12-1201, C.R.S. and §15- 12-1202, C.R.S. 11. When the affidavit is presented to the person indebted to the decedent or in possession of decedent’s personal property, the person shall make payment or deliver the property to the person(s) specified in #7 of the affidavit. 12. If a person or entity holding property of a decedent refuses to honor this Affidavit without reasonable cause, such person or entity shall be liable for all costs, including reasonable attorney fees and costs, incurred by or on behalf of the persons entitled so such property (§15-12-1202(3), C.R.S.) 13. The person or entity paying, delivering, transferring, or issuing personal property pursuant to this affidavit is discharged and released to the same extent as if he/she/it dealt with a personal representative of the Decedent. (§15-12-1202(1), C.R.S.). 14. The Colorado Department of Motor Vehicles (“DMV”) will NOT accept JDF 999 but instead requires the use of its own affidavit (DR 2712) to transfer title to motor vehicles, motorcycles, motor homes, etc. owned by the Decedent (see Colorado.gov/revenue/dmv). COMMON TERMS \\u0000 Affiant: A person who is making a sworn statement, e.g. the person(s) signing an affidavit. \\u0000 Estate: All of the property (real or personal) owned by a person on the date of death. \\u0000 Personal Representative: A person at least 21, resident or non-resident of Colorado, who has been appointed to administer the estate of the decedent. \\u0000 Successor: Persons other than creditors, who are entitled to property of a decedent under a will or by a statute, e.g. spouse, children. (§15-10-201(51), C.R.S.) \\u0000 Tangible property: Property which can be possessed physically, such as goods, wares and merchandise. FEES No filing fee is required, as this document is not filed with the Court. COMPLETE AFFIDAVIT To access the Affidavit form online go to www.courts.state.co.us and click on the “Self Help/Forms” tab. The affidavit is available in PDF or WORD by selecting Trusts, Estates, Wills - Affidavit for Collection of Personal Property. You may complete a form online or you may print it and type or print legibly in black ink. ❑ Complete the affidavit. ❑ Sign the Affidavit before a Notary Public. Each entity you work with will keep a copy of the Affidavit. You may wish to have your signature notarized on several copies. ❑ Attach a copy of the death certificate. Some entities may require a certified copy of the death certificate. ❑ Present the Affidavit and death certificate to the holder of the assets, e.g. bank. You may wish to have a copy of these instructions to present to the bank identifying the authority to file the Affidavit.