Colorado Affidavit of Deceased Joint Tenant

Colorado Affidavit of Deceased Joint Tenant Information

Use a Colorado supplemental affidavit of deceased joint tenant to provide formal notice that a named joint owner of real property has died.

Removing a Deceased Joint Tenant from a Colorado Real Estate Deed

Colorado law allows two or more people to co-own real property as either tenants in common or joint tenants.

Tenants in common hold individual, but not necessarily equal, shares of the title to real property, which they may sell without consulting the other co-owners. If a tenant in common dies, that portion of the property reverts to his/her estate, with no effect on the shares of the other owners.

Joint tenants, on the other hand, share undivided ownership of the whole property. The primary purpose of joint tenancy relates to the right of survivorship, which states that land titled this way is distributed equally amongst the surviving co-owners when one of them dies. See C.R.S. 38-31-101 for further details about co-ownership of real property.

Even though the shares technically pass to the survivors as a function of law when the deceased co-owner dies, it is necessary to formalize the change. Accomplish this by completing and recording a supplemental affidavit, along with a copy of the deceased co-owner's death certificate. This important step helps to maintain a clear chain of title, which should simplify future sales of the real property. See 38-31-102.

Filing the supplemental affidavit clears the title, but the only way to remove the deceased joint tenant's name from the deed is for the survivors to execute and record a new deed. This instrument should show all joint tenants as grantors, with the decedent appropriately identified, and only the survivors as grantees. A certified copy of the recorded affidavit should accompany the new deed; other required supporting documents may vary from county to county.

Contact an attorney with questions about the affidavit of deceased joint tenant, or for other issues related to real property in Colorado.

Deeds.com Colorado Affidavit of Deceased Joint Tenant Forms Have Been Updated as Recently as Monday February 27, 2023

4.8 out of 5 (3967 Reviews)

What others like you are saying:

Matthew M. said: Needed copy of deed in trust. Found info here, paid on line and then printed the docs. Easy to use, no driving to city offices, No parking fees, no waiting in line. Done fast and easy. Love it.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

NATALIE A. said: The form was very easy to use and the sample tool you had was very helpful. the only problem i had was saving the document and then trying to find it later. I finally was able to figure out how to save it. but i still cannot find the saved document on my computer. Luckily i printed it before i closed it and did not need to make any changes.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

John E. said: This process exceeded my expectations. A great customer experience!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Sonya B. said: Easy to order what I needed.

Reply from Staff: Thank you!

Patricia P. said: First time using this service and was totally happy with the results. Very user friendly and easy site to understand and upload all files. Very prompt and thorough responses to any questions I had and having my documents filed. I will definitely use them again.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Scott O. said: Very efficient and surprisingly quick.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!