Do I Need a Transfer on Death Deed in Colorado?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

Frequently Asked Questions

Yes. Colorado allows beneficiary deeds.C.R.S. 15-15-401 to 15-15-415Verified Aug 24, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.

A beneficiary deed in Colorado requires notary acknowledgment. The signed deed must be recorded at the county clerk and recorder before death to be effective. Must be recorded in the county where the property is located before the grantor's death. Among the beneficiary deeds and revocations that were recorded prior to the owner's death, the most recently executed one controls, regardless of the order in which they were recorded; an instrument never recorded during the owner's lifetime controls nothing. C.R.S. 15-15-404, 15-15-405(3). Recording fee: flat $40 per document regardless of page count (C.R.S. 30-1-103(1), as amended by HB 24-1269, effective July 1, 2025) plus a $1 electronic filing surcharge (C.R.S. 30-10-421(1)(b)) and a $2 electronic recording technology board surcharge (C.R.S. 30-10-421(1)(c), 24-21-403(2)) — $43 total at every Colorado county clerk and recorder. The fee and both surcharges are set statewide by statute, so the amount does not vary by county.C.R.S. 15-15-401 to 15-15-415Verified Aug 24, 2026

Yes. A beneficiary deedis revocable at any time during the owner's lifetime. Revocation methods in Colorado include: Recording an instrument of revocation (statutory form in C.R.S. 15-15-405), Recording a subsequent beneficiary deed (revokes all prior beneficiary deeds for the property), Cannot be revoked, altered, or amended by will (C.R.S. 15-15-405(4)).C.R.S. 15-15-401 to 15-15-415Verified Aug 24, 2026

Colorado allows beneficiary deeds for all types of real property, including homes, land, condominiums, and commercial properties.C.R.S. 15-15-401 to 15-15-415Verified Aug 24, 2026

Yes. Colorado allows multiple beneficiaries on a beneficiary deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.C.R.S. 15-15-401 to 15-15-415Verified Aug 24, 2026

A beneficiary deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Colorado probate calculator to estimate the cost of probating remaining assets.

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