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Affidavit of Deceased Joint Tenant Form - Elbert County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/23/2020
Affidavit of Deceased Joint Tenant Guide - Elbert County
Line by line guide explaining every blank on the form.
Included document last updated 7/14/2020
Completed Example of the Affidavit of Deceased Joint Tenant Document - Elbert County
Example of a properly completed form for reference.
Included document last updated 7/23/2020
*The Following Colorado and Elbert County supplemental forms are included as a courtesy with your order.
TD 1000 Real Property Transfer Declaration
The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
DR 1083 Colorado Department of Revenue
File this form within 30 days of closing with the Colorado Department of Revenue, together with DR 1079 if applicable. Instructions are included.
DR 1079 Withholding Tax Form
This form is used to pay withholding tax if any is owed.
Non Resident Property Transfer
With certain exceptions, sales of Colorado real property valued at $100,000 or more, if made by nonresidents of Colorado, are subject to a withholding tax in anticipation of the Colorado income tax that will be due on the gain from the sale. The information sheet here provides the necessary details. If the property transfer meets the criteria, the above regular tax forms (DR 1083 and DR 1079) are used by nonresidents.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Elbert County Affidavit of Deceased Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Elbert County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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