C.R.S. Section 42-6-110.5
Certificates of title

  • arrangements for transfer of title upon death
  • beneficiary designation forms
  • definitions

(1)

Intentionally left blank —Ed.

(a)

On and after August 10, 2016, the division shall make available a beneficiary designation form that allows the owner or joint owners of a vehicle to arrange for the transfer of the vehicle’s title to a named beneficiary upon the death of the owner or upon the death of all joint owners of the vehicle. At a minimum, the form must include fields for the following information:

(I)

The manufacturer, model, year, and vehicle identification number of the vehicle;

(II)

The name of the owner or every joint owner of the vehicle;

(III)

The words “transfer on death to”, or the abbreviation “TOD”, followed by the name of the beneficiary; and

(IV)

The signature of the owner of the vehicle or of each joint owner of the vehicle.

(V)

Repealed.

(b)

The division shall make beneficiary designation forms available:

(I)

In each office of the division that is open to the public for conducting business relating to motor vehicles and drivers’ licenses; and

(II)

On the division’s public website.

(2)

Intentionally left blank —Ed.

(a)

Upon the death of the owner, or of the last surviving joint owner, of a vehicle for which a beneficiary designation form has been properly executed, as described in subsection (1)(a) of this section, the beneficiary shall present the form to the division and request a new title of ownership of the vehicle in the beneficiary’s name. The form must be accompanied by:

(I)

Proof of the death of the vehicle’s owner or proof of the death of the last surviving joint owner of the vehicle; and

(II)

The fee for an application for a certificate of title, as described in section 42-6-137 (1).

(b)

Upon the presentation of a properly executed beneficiary designation form and accompanying documents, as described in subsection (2)(a) of this section, the division, subject to any security interest, shall issue a new certificate of title to the beneficiary. For the purposes of this subsection (2)(b), the division may rely on a death certificate, record, or report that constitutes prima facie evidence of death.

(2.4)

The personal representative, as defined in section 15-10-201 (39), of the estate of a deceased vehicle owner is not liable for obtaining a new certificate of title or for transferring title to the vehicle if the personal representative does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form.

(2.6)

A successor, as defined in section 15-10-201 (51), of a decedent, or a person acting on behalf of a successor, is not liable for obtaining a new certificate of title or transferring title to the vehicle by an affidavit executed in accordance with section 15-12-1201 if the person does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form.

(3)

During the lifetime of the owner of a vehicle for which a beneficiary designation form has been properly executed or before the death of the last surviving joint owner of such a vehicle:

(a)

The signature or consent of the beneficiary is not required for any transaction relating to the vehicle; and

(b)

The owner or surviving joint owners of the vehicle may revoke the beneficiary designation form or change the beneficiary of the beneficiary designation form at any time by:

(I)

Selling the vehicle with proper assignment and delivery of the certificate of title to another person; or

(II)

Properly executing a subsequent beneficiary designation form that designates a new beneficiary.

(4)

Upon the death of the owner or upon the death of the last surviving joint owner of a vehicle for which a beneficiary designation form has been properly executed, the interest of the beneficiary in the vehicle is subject to any contract of sale, assignment, or ownership or security interest to which the owner or joint owners of the vehicle were subject during their lifetime.

(5)

Except as provided in paragraph (b) of subsection (3) of this section, the designation of a beneficiary in a beneficiary designation form may not be changed or revoked by will or by any other instrument or by a change in circumstances.

(6)

The transfer on death of a vehicle pursuant to this section is a nonprobate transfer pursuant to the “Colorado Probate Code”, articles 10 to 17 of title 15.

(7)

As used in this section, unless the context otherwise requires:

(a)

“Beneficiary” means one or more specifically named persons or entities designated to receive title to a vehicle upon the death of the preceding owner or joint owners.

(b)

“Beneficiary designation form” means a form that indicates the intention of a present owner or joint owners of a vehicle to transfer ownership of the vehicle to a named beneficiary upon the death of the owner or last surviving joint owner of the vehicle.

(c)

“Division” means the division of motor vehicles in the department of revenue.

(d)

“Joint owner” means an individual who owns a vehicle with one or more other individuals as joint tenants with rights of survivorship. “Joint owner” does not include an individual who owns a vehicle with one or more other individuals as tenants in common.

(e)

“Owner” means an individual who owns a vehicle.

(f)

“Vehicle” includes any motor vehicle, motorcycle, motor home, trailer, or other item for which a certificate of title is issued by the division.

Source: Section 42-6-110.5 — Certificates of title - arrangements for transfer of title upon death - beneficiary designation forms - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑6‑101
Short title 42‑6‑102
Definitions 42‑6‑103
Application 42‑6‑104
Administration - rules 42‑6‑106
Certificates of registration - plates 42‑6‑107
Certificates of title - contents - rules 42‑6‑109
Sale or transfer of vehicle - program 42‑6‑110
Certificate of title - transfer - department records - rules - definition 42‑6‑110.5
Certificates of title - arrangements for transfer of title upon death - beneficiary designation forms - definitions 42‑6‑111
Sale to dealers - certificate need not issue 42‑6‑112
Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage - penalty 42‑6‑113
New vehicles - bill of sale - certificate of title - rental businesses - rules 42‑6‑114
Transfers by bequest, descent, or law 42‑6‑115
Furnishing bond for certificates 42‑6‑116
Applications for filing of certificates of title - rules 42‑6‑117
Filing of certificate 42‑6‑118
Amended certificate 42‑6‑119
Certificates for vehicles registered in other states 42‑6‑120
Security interests upon vehicles 42‑6‑121
Filing of mortgage - rules 42‑6‑122
Disposition of mortgages by agent - rules 42‑6‑123
Disposition after mortgaging 42‑6‑124
Disposition of certificates of title 42‑6‑125
Release of mortgages - rules 42‑6‑126
New certificate upon release of mortgage 42‑6‑127
Duration of lien of mortgage - extensions - rules 42‑6‑128
Validity of mortgage between parties 42‑6‑129
Second or other junior mortgages 42‑6‑130
Priority of secured interests 42‑6‑131
Mechanic’s, warehouse, and other liens 42‑6‑133
Foreign mortgages and liens 42‑6‑134
Where application for certificates of title made 42‑6‑135
Lost certificates of title 42‑6‑136
Surrender and cancellation of certificate - penalty for violation 42‑6‑136.5
Salvage title 42‑6‑137
Fees 42‑6‑138
Disposition of fees 42‑6‑139
Registration and title application - where made 42‑6‑140
Registration upon becoming resident 42‑6‑141
Director’s records to be public 42‑6‑142
Penalties 42‑6‑143
Altering or using altered certificate 42‑6‑144
False oath 42‑6‑145
Use of vehicle identification numbers in applications - rules 42‑6‑146
Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty 42‑6‑147
Central registry - rules 42‑6‑148
Off-highway vehicles - sales 42‑6‑201
Definitions 42‑6‑202
Prohibited acts - penalty 42‑6‑204
Private civil action 42‑6‑205
Consumer protection 42‑6‑206
Disclosure requirements upon transfer of ownership of a salvage vehicle - rules - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 42-6-110.5’s source at colorado​.gov