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Colorado Beneficiary Deed

A Colorado beneficiary deed conveys real property from the owner to a beneficiary upon the owner’s death. Also referred to as a transfer on death deed, this document enables the property to bypass probate proceedings. However, to be valid, the deed must be notarized and recorded prior to the owner’s death.
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Requirements

  • Executing: The beneficiary must file a death certificate with the county clerk within four months of the grantor’s death (§ 15-15-407)
  • Notary: Required (§ 15-15-404)
  • Recording: Must be recorded before the property owner’s death in the respective county recorder’s office (§ 15-15-404)
  • Witnesses: Not required

Medicaid Eligibility

In Colorado, a property owner who completes a beneficiary deed is ineligible for Medicaid (§ 15-15-403).

Legal Description

A beneficiary deed must include a legal description of the real property. This description explains the geographic location of the parcel, noting specifics like exact boundaries and other physical attributes.

Since this information is not readily available, property owners should reference their property tax statements or current deed. The county recorder’s office can also offer a legal description.

Example

“Lot 330, Serenity Hollow at Denver View-Phase 4C, a subdivision according to the plat thereof as recorded in Plat Book 40, Page 20, of the Public Records of Broomfield County, Colorado.”

Revocation

Title: Colorado revoke a transfer on death deed mountains in background

To revoke a beneficiary deed in Colorado, a property owner must (§ 15-15-405):

  1. Execute, acknowledge, and record a revocation document; or
  2. Execute, acknowledge, and record a new beneficiary deed that overrides the previous deed.

In either case, the revocation document or new beneficiary deed must be recorded with the county recorder’s office prior to the property owner’s death.

How to Record

A beneficiary deed must be recorded in the county recorder’s office where the property is located. For the document to be valid, it must be recorded prior to the property owner’s death (§ 15-15-404).

Fees: Recording fees vary by county.