The Colorado State Judicial Branch has issued several revised forms and instructions over the past month. Updates were made in the areas of adoption, probate, and small claims, as well as filing fees. Practitioners should begin using the new forms immediately.
Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word and Excel templates. Download the new forms from State Judicial’s individual forms pages, or below.
- JDF 498 – “Instructions for Kinship Adoption” (revised 4/12)
- Guide – “Guide for Determination of Indigency” (revised 4/12)
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Forms 906 and 907, instructions on estates, are wrong on two counts:
1. The $60,000 figure which is derived from the limit on the size of estates that may be collected by affidavit is not $60,000 of assets but $60,000 net of liens and encumbrances.
2. Although the affidavit for collection of a small estate may only be used to collect tangible and intangible personal property, real estate is, however, in determining whether the property owned by the decedent that would, net of liens and encumbrances, exceed the $60,000 amount.
A couple of examples where a small estate affidavit would be helpful here in Colorado include where the real estate is a home that is worth less than the amount due on a note secured by a deed of trust, or real estate located in some other jurisdiction where it could be probated after the personal property is collected.