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.
Is this your situation?
Get a complete guide for your specific circumstances.

New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreMore estate planning resources
Explore related tools and documents to complete your estate plan.
Last Will and Testament
Create a free, state-specific will with witness and notarization requirements included.
Healthcare Power of Attorney
Designate someone to make medical decisions on your behalf.
Financial Power of Attorney
Designate someone to manage your financial affairs.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
What Does Estate Planning Actually Cost?
See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.
How Much Does a Revocable Living Trust Cost?
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
How Much Does a Will Cost?
Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.
Colorado Estate Planning Resources
In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.
