C.R.S. Section 15-15-404
Form of beneficiary deed

  • recording

(1)

An owner may transfer an interest in real property effective on the death of the owner by executing a beneficiary deed that contains the words “conveys on death” or “transfers on death” or otherwise indicates the transfer is to be effective on the death of the owner and recording the beneficiary deed prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. A beneficiary deed may be in substantially the following form:
BENEFICIARY DEED

(§§ 15-15-401 et seq., Colorado Revised Statutes)

CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
-------------------------------------- , as grantor,

(Name of grantor)

designates------------------------------------ as

(Name of grantee-beneficiary)

grantee-beneficiary whose address is ------------------ (Note to Assessor and Treasurer: This address is for identification purposes only, all notices and tax statements should continue to be sent to grantor.) (Optional)[or if grantee-beneficiary fails to survive grantor, grantor designates -------------------------, as

(Name of successor grantee-beneficiary)

successor grantee-beneficiary whose address is ---------------------------------------------]
and grantor transfers, sells, and conveys on grantor’s death to the grantee-beneficiary, the following described real property located in the County of -----------, State of Colorado:

(insert legal description here)

Known and numbered as ---------------
THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO CONVEY ALL OF THE GRANTOR’S INTEREST IN THIS REAL PROPERTY.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR FROM BEING DETERMINED ELIGIBLE FOR, OR FROM RECEIVING, MEDICAID UNDER TITLE 25.5, COLORADO REVISED STATUTES.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE.
Executed this--------------.

(Date)

---------------------------------

(Grantor)

Intentionally left blank —Ed.

(2)

Unless the owner designates otherwise in a beneficiary deed, a beneficiary deed shall not be deemed to contain any warranties of title and shall have the same force and effect as a conveyance made using a bargain and sale deed.

Source: Section 15-15-404 — Form of beneficiary deed - recording, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑15‑101
Nonprobate transfers on death 15‑15‑102
Will not to affect joint tenancy in real property or personalty 15‑15‑103
Liability of nonprobate transferees for creditor claims and statutory allowances 15‑15‑201
Definitions 15‑15‑202
Limitation on scope of part 15‑15‑203
Types of account 15‑15‑204
Forms 15‑15‑205
Designation of agent 15‑15‑206
Applicability of part 15‑15‑211
Ownership during lifetime 15‑15‑212
Rights at death 15‑15‑213
Alteration of rights 15‑15‑214
Accounts and transfers nontestamentary 15‑15‑216
Community property and tenancy by the entireties 15‑15‑221
Authority of financial institution 15‑15‑222
Payment on multiple-party account 15‑15‑223
Payment on POD designation 15‑15‑224
Payment to designated agent 15‑15‑225
Payment to minor 15‑15‑226
Discharge 15‑15‑227
Set-off 15‑15‑301
Definitions 15‑15‑302
Registration in beneficiary form 15‑15‑303
Registration in beneficiary form 15‑15‑304
Origination of registration in beneficiary form 15‑15‑305
Form of registration in beneficiary form 15‑15‑306
Effect of registration in beneficiary form 15‑15‑307
Ownership on death of owner 15‑15‑308
Protection of registering entity 15‑15‑309
Nontestamentary transfer on death 15‑15‑310
Terms, conditions, and forms for registration 15‑15‑311
Application of part 15‑15‑401
Definitions 15‑15‑402
Real property - beneficiary deed 15‑15‑403
Medicaid eligibility exclusion 15‑15‑404
Form of beneficiary deed - recording 15‑15‑405
Revocation - change - revocation by will prohibited 15‑15‑406
Acknowledgment 15‑15‑407
Vesting of ownership in grantee-beneficiary 15‑15‑408
Joint tenancy - definitions 15‑15‑410
Purchaser from grantee-beneficiary protected 15‑15‑411
Limitations on actions and proceedings against grantee-beneficiaries 15‑15‑412
Nontestamentary disposition 15‑15‑413
Proof of death 15‑15‑414
Disclaimer 15‑15‑415
Applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-15-404’s source at colorado​.gov