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.

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

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Deceased Joint Tenant

Record evidence of a property owner's passing with the county
Provide proof needed to refinance after a joint owner's death
Clarify property ownership after a co-owner passes away
Support a title search or title insurance claim
Provide documentation required by a title company to clear title

Compare other Colorado deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Deed of Trust and Promissory Note Release of Deed of Trust WITH Production of Evidence Release of Deed of Trust WITHOUT Production of Evidence Assignment of Deed of Trust Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Limited Power of Attorney for the Sale of Real Property Limited Power of Attorney for the Purchase of Real Property Statutory Durable Power of Attorney Beneficiary Deed Beneficiary Deed Revocation Affidavit of Deceased Grantor Disclaimer of Interest Personal Representative Deed of Distribution Personal Representative Deed of Sale Trustee Deed Preliminary Notice of Mechanics Lien Statement of Mechanics Lien Mechanics Lien Release Conditional Lien Waiver Unconditional Lien Waiver Lis Pendens Lis Pendens Release Certificate of Trust Statement of Authority Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our affidavit of deceased joint tenant forms are specifically formatted for each county in Colorado.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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