Elbert County Affidavit of Deceased Joint Tenant Form

Additional Colorado and Elbert County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Elbert County

Properties in any of these areas use Elbert County forms:

• Agate
• Elizabeth
• Kiowa
• Matheson
• Simla

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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)

Important: Your property must be located in Elbert County to use these forms. Documents should be recorded at the county recording office listed above.

This Affidavit of Deceased Joint Tenant meets all recording requirements specific to Elbert County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Elbert County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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