Colorado Affidavit of Deceased Grantor

Use a Colorado supplemental affidavit of deceased grantor owner to complete the transfer of real property initiated by recording a Colorado beneficiary deed.

Completing the Transfer from a Colorado Beneficiary Deed

Beneficiary deeds provide a relatively straightforward, effective way for Colorado land owners to convey real estate, after death, to one or more named beneficiaries without the need for probate. See C.R.S. 15-15-401 et seq.

State law provides that title "to the interest in real property transferred by a beneficiary deed shall vest in the designated grantee-beneficiary only on the death of the owner" (15-15-407(1)). The beneficiary should offer proof "of the death of the owner or a grantee-beneficiary... in the same manner as for proving the death of a joint tenant" (15-15-413). That process is specified in 38-31-102, and it involves completing and filing a supplemental affidavit, along with a copy of the decedent's death certificate, with the recorder or register of deeds for the county where the land is located. While not specifically required, it is also a good idea to include a copy of the recorded beneficiary deed.

By recording the supplemental affidavit, the beneficiary provides public notice of the change in ownership. This is important because it preserves the chain of title (ownership history), which should simplify future sales of the land.

(Colorado Affidavit of Deceased Grantor Package includes form, guidelines, and completed example)