Free Colorado Affidavit of Heirship

In Colorado, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs are; once recorded it is prima facie evidence of the facts stated.

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The Colorado affidavit is signed by a person with personal knowledge of the decedent's family history.

State Where the Property Is Located*

The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

First Name*

Middle Name

Last Name*

How You Know the Family*

Your relationship to the decedent, or how you came to know the family and marital history. The affidavit states that you have personal knowledge of the facts in it.

Knew the Decedent From (Year)

Until (Year)

Street Address*

City*

State

ZIP Code*

Phone Number

Email Address*

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Colorado's recorded instrument, Affidavits referring to death, intestacy, heirship, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: statements relating to death, intestacy, heirship, relationship, age, sex, names, and identity of persons in an affidavit that has remained of record for twenty years are accepted and received as prima facie evidence of the facts stated, insofar as those facts affect title to real property. The effect attaches once the affidavit has been of record for 20 years. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.

In the office of the county clerk and recorder of the county where the real property affected by the facts stated in such affidavits is situated. The office records it as it records deeds, in the county where the land lies, and charges its recording fee per page.

The Colorado statute names no particular affiant; the affidavit is signed by someone with personal knowledge of the decedent's family. The statute names no witness requirement. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: Statements relating to death; Statements relating to intestacy; Statements relating to heirship; Statements relating to relationship; Statements relating to age, sex and names; Statements relating to the identity of persons.

The Colorado recording statute names no particular notarial act for the affidavit; the prepared document carries a notarial block, and the recording office sets what it accepts.

It does not transfer title, and it is not the route for every asset. Where a purchaser, lender or title company will not rely on a recorded affidavit, the court route is Petition to determine heirship, devisees and interests in property by special proceeding (C.R.S. §§ 15-12-1301 to 15-12-1306; Colorado Judicial Branch form JDF 948 "Petition for Determination of Heirs or Devisees or Both, and of Interests in Property"), which determines the heirs by order.

The Affidavit of Heirship in Colorado

In Colorado, an affidavit of heirship is recorded under the general recording statute for affidavits of facts affecting title to land, which names heirship among the facts the instrument may carry. The statute's own words for the instrument: “Affidavits referring to death, intestacy, heirship.” The affidavit states the decedent's death, family history, heirs and the real property, and goes into the county land records.

What recording does, in the statute's words: statements relating to death, intestacy, heirship, relationship, age, sex, names, and identity of persons in an affidavit that has remained of record for twenty years are accepted and received as prima facie evidence of the facts stated, insofar as those facts affect title to real property. The effect attaches once the affidavit has been of record for 20 years. The affidavit is evidence of the facts it states, not a deed; title does not pass by it.

The affidavit is recorded in the office of the county clerk and recorder of the county where the real property affected by the facts stated in such affidavits is situated.

The statute names no witness requirement, so the office relying on the affidavit sets what it will accept; title companies commonly ask that the affiant be someone other than an heir.

The statute's list of what the affidavit recites: Statements relating to death; Statements relating to intestacy; Statements relating to heirship; Statements relating to relationship; Statements relating to age, sex and names; Statements relating to the identity of persons.

Where a recorded affidavit will not be relied on, the heirs are determined by court order in Petition to determine heirship, devisees and interests in property by special proceeding (C.R.S. §§ 15-12-1301 to 15-12-1306; Colorado Judicial Branch form JDF 948 "Petition for Determination of Heirs or Devisees or Both, and of Interests in Property").

Legal Sources

(5)·Updated September 24, 2026

SimplyTrust Editorial

Data sourced from Colorado statutes and official state code. How we research.

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The Affidavit of Heirship in Colorado

The affidavit is recorded in the office of the county clerk and recorder of the county where the real property affected by the facts stated in such affidavits is situated.

The statute names no witness requirement, so the office relying on the affidavit sets what it will accept; title companies commonly ask that the affiant be someone other than an heir.

Free Colorado Affidavit of Heirship

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