Colorado: Transfer-on-Death Deed Requirements
The short answer
Yes. Colorado calls it a 'beneficiary deed,' not a transfer-on-death deed, and it was one of the first such laws in the country (C.R.S. §§ 15-15-401 to 15-15-415, enacted 2004). You sign a deed that says it 'conveys on death' or 'transfers on death,' acknowledge it before a notary — no witnesses are required — and record it with the county clerk and recorder before you die. You keep full control during life and can revoke it any time by recording a revocation or a new beneficiary deed. One Colorado-specific warning: a recorded beneficiary deed can disqualify you from Medicaid, because it makes the property a countable resource.
Ask Ezel about your situation
This is the general rule in Colorado. Ezel applies current Colorado law to your specific facts and answers with citations to the statutes.
| Governing law | Colorado 'beneficiary deed' statute, C.R.S. §§ 15-15-401 to 15-15-415 (Part 4 of Article 15, Title 15) — Colorado's own bespoke scheme and one of the oldest beneficiary-deed laws in the country (added L. 2004, effective Aug. 4, 2004), NOT the Uniform Real Property Transfer on Death Act. The form/recording section was last amended in 2018 (HB 18-1375) |
|---|---|
| TOD deed available? | Yes. 'Title to an interest in real property may be transferred on the death of the owner by recording, prior to the owner's death, a beneficiary deed signed by the owner ... designating a grantee-beneficiary' (§ 15-15-402(1)). Colorado's term is 'beneficiary deed'; the recipient is the 'grantee-beneficiary,' and a successor grantee-beneficiary may be named |
| How to sign it | The owner (grantor) signs the deed, which must contain the words 'conveys on death' or 'transfers on death' (or otherwise indicate a death-effective transfer) (§ 15-15-404(1)), and acknowledges it before a notary — a beneficiary deed 'may be acknowledged in accordance with section 38-35-101' and is subject to the recording requirements of § 38-35-109(2) (§ 15-15-406); in practice it must be acknowledged to be recorded. NO witnesses are required. The grantee-beneficiary's joinder, signature, consent, or notice is not required (§ 15-15-402(2)). A beneficiary deed carries no warranties of title — it has the same force as a bargain-and-sale deed (§ 15-15-404(2)) |
| Recording requirement | Effective only if recorded in the office of the county clerk and recorder where the property is located BEFORE the owner's death (§ 15-15-402(1), § 15-15-404(1)); the statutory form itself warns 'THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.' There is no fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30) |
| Revoking it | Revocable any time before death (§ 15-15-405(1)). Methods, each recorded before death: a recorded instrument of revocation, or a later beneficiary deed — a subsequent beneficiary deed revokes ALL prior designations for that property (§ 15-15-405(2)). The most recently executed deed or revocation that is recorded before death controls, regardless of the order of recording (§ 15-15-405(3)). A beneficiary deed CANNOT be revoked, altered, or amended by the owner's will (§ 15-15-405(4)); the grantee's consent is not needed to revoke |
| Eligible property & owner | Any interest in Colorado real property the owner holds (§ 15-15-401(4), § 15-15-402(1)). A JOINT TENANT may use a beneficiary deed, but title vests in the grantee-beneficiary only if the joint tenant-grantor is the LAST of the joint tenants to die; if the grantor is not the last to die the deed is ineffective, and a beneficiary deed does NOT sever the joint tenancy (§ 15-15-408) — a surviving joint tenant's right of survivorship comes first. You may name a successor grantee-beneficiary to take if the primary does not survive (§ 15-15-401(5)) |
| Beneficiary survival & effect | Title vests in the grantee-beneficiary only on the owner's death (§ 15-15-407(1)); the grantee takes 'subject to all conveyances, encumbrances, ... mortgages, liens, and other interests, affecting title ... whether created before or after the recording of the beneficiary deed' (§ 15-15-407(2)). Colorado has NO anti-lapse rule for these deeds: if one of several grantee-beneficiaries dies before the owner and the deed makes no provision, that share passes proportionately to the surviving grantee-beneficiaries (§ 15-15-407(5)); a sole grantee-beneficiary who predeceases with no named successor means the deed does not convey. A person holding an unrecorded interest must record notice within 4 months of the owner's death or be barred (§ 15-15-407(3)) |
| Creditor & Medicaid reach | During life the grantee-beneficiary has no interest and the owner keeps full power over the property (§ 15-15-402(3)). Colorado's original beneficiary-deed creditor-clawback provision, § 15-15-409 ('Rights of creditors and others'), was REPEALED in 2006, so the grantee takes subject to recorded liens and encumbrances (§ 15-15-407(2)) but is not made personally liable for the owner's unsecured debts the way Uniform-Act states impose. MEDICAID is Colorado's sharp outlier: while a beneficiary deed is in effect the property is a COUNTABLE RESOURCE and the owner is 'not entitled to' Medicaid (§ 15-15-403), and after death the grantee's interest is subject to the state's Medicaid estate-recovery claim (§ 15-15-407(4)) — the statutory form carries an explicit Medicaid warning |
Compare this rule across all 50 states + DC →
Colorado lets you leave real estate to someone without probate using a beneficiary deed —
Colorado's name for what most states call a transfer-on-death deed. Colorado did not adopt the
Uniform Real Property Transfer on Death Act; it has its own statute, C.R.S. §§ 15-15-401 to
15-15-415, one of the oldest beneficiary-deed laws in the country (enacted in 2004). You record a
deed now that names a "grantee-beneficiary"; nothing happens while you are alive — you keep full
ownership and control — and when you die, the property passes automatically to the person you named.
Two rules matter most. First, the deed is valid only if you record it before you die, with the
clerk and recorder of the county where the property sits (§ 15-15-402(1)). Second — and this one is
special to Colorado — a recorded beneficiary deed can disqualify you from Medicaid, because the
statute treats the property as a countable resource while the deed is in effect (§ 15-15-403).
Requirements one by one
Signing and notarizing it
You sign the deed as "grantor," and it must contain the words "conveys on death" or "transfers
on death" (or language that otherwise makes the transfer effective at death) (§ 15-15-404(1)).
You acknowledge it before a notary: a beneficiary deed "may be acknowledged in accordance with
section 38-35-101" and is subject to the recording requirements of § 38-35-109(2) (§ 15-15-406),
and in practice it has to be acknowledged to be recorded. Colorado does not require witnesses.
The grantee-beneficiary does not sign, consent, or need to be told about the deed
(§ 15-15-402(2)). Note the deed carries no warranties of title — it has the force of a
bargain-and-sale deed (§ 15-15-404(2)).
Recording before death — the make-or-break step
Title transfers only "by recording, prior to the owner's death, a beneficiary deed" in the county
clerk and recorder's office (§ 15-15-402(1)), and the statutory form spells it out in capital
letters: "THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE"
(§ 15-15-404(1)). Unlike California (60 days) or Nebraska (30 days), Colorado sets no deadline
measured from signing — but the deed must be on record before you die.
Naming beneficiaries, successors, and what happens if one dies first
You can name one grantee-beneficiary or several, and a successor grantee-beneficiary who takes
if the primary does not survive you (§ 15-15-401(5)). Colorado has no anti-lapse rule for these
deeds: if one of several beneficiaries dies before you and the deed says nothing about it, that
share is "proportionately added to, and pass[es] as a part of, the shares of the surviving
grantee-beneficiaries" (§ 15-15-407(5)). If your sole beneficiary dies before you and you named
no successor, the deed simply does not convey and the property passes through your estate.
Revoking it
You can revoke the deed any time before death (§ 15-15-405(1)). Record an instrument of
revocation, or record a new beneficiary deed — a later beneficiary deed "revokes all prior
grantee-beneficiary designations by the owner for the described real property in their entirety"
(§ 15-15-405(2)). If you record more than one, the most recently executed deed or revocation that is
recorded before death controls, regardless of the order of recording (§ 15-15-405(3)). Crucially,
a beneficiary deed cannot be revoked by your will (§ 15-15-405(4)).
Co-owners and joint tenancy
A joint tenant can sign a beneficiary deed, but it works only if that joint tenant is the last of
the joint tenants to die; if you die before your co-owner, your beneficiary deed is ineffective and
the surviving joint tenant takes the whole property. A beneficiary deed also does not sever the
joint tenancy (§ 15-15-408). In short, survivorship comes first.
Creditors, your estate, and Medicaid
During your life the beneficiary has no interest and you keep full control (§ 15-15-402(3)). After
death, the grantee takes the property subject to all mortgages, liens, and encumbrances of
record, whether created before or after the deed (§ 15-15-407(2)). Colorado once had a provision
making beneficiaries answer to the owner's creditors, but that section — § 15-15-409 — was
repealed in 2006, so Colorado does not impose the personal-liability clawback that Uniform-Act
states do. Medicaid is the sharp exception: while a beneficiary deed is in effect, the property is a
countable resource and you are "not entitled to" Medicaid (§ 15-15-403), and after death the
grantee's interest is subject to the state's Medicaid estate-recovery claim (§ 15-15-407(4)).
What trips people up
- A beneficiary deed can cost you Medicaid eligibility. This is unique to Colorado: recording
the deed makes the home a countable resource, so an applicant or recipient "shall [not] be
entitled to" Medicaid while the deed is in effect (§ 15-15-403). Talk to an elder-law attorney
before recording one if Medicaid matters to you. - Your will cannot revoke or override a recorded beneficiary deed. A beneficiary deed "may not
be revoked, altered, or amended by the provisions of the will of the owner" (§ 15-15-405(4)).
Record a new deed or a revocation instead. - Survivorship beats a beneficiary deed, and the deed does not sever a joint tenancy. If you own
as joint tenants, your beneficiary deed works only if you are the last to die (§ 15-15-408). - The latest deed recorded before death wins — recording order does not matter. The most
recently executed instrument that is recorded before death controls (§ 15-15-405(3)), so date
your deeds carefully.
Common questions
Is a "beneficiary deed" the same as a transfer-on-death deed? Yes, in substance. Colorado uses
the term "beneficiary deed" and its own statute, but it does the same job: a revocable deed that
passes real property at death outside probate.
Will a beneficiary deed really affect my Medicaid? It can. Colorado's statute makes the property
a countable resource while the deed is in effect and bars Medicaid eligibility on that basis
(§ 15-15-403) — a rule most states do not have. Get advice before recording if you rely on Medicaid.
Does my beneficiary get any rights while I'm alive? No. Until you die the grantee-beneficiary has
"no right, title, or interest" in the property, and you keep full power to sell, mortgage, or revoke
(§ 15-15-402(3)).
Do I need witnesses or a lawyer? No witnesses are required — just your signature and a notary.
Because the Medicaid, survivorship, and creditor rules are easy to get wrong, and a mistake surfaces
only after death, having a Colorado attorney review the deed is worthwhile.
Statutes and sources
- C.R.S. § 15-15-402 (transfer by recording a signed beneficiary deed before death; owner keeps full control) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
- C.R.S. § 15-15-403 (Medicaid eligibility exclusion; property is a countable resource) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
- C.R.S. § 15-15-404 (form; must say "conveys/transfers on death"; record before death; no warranties) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
- C.R.S. § 15-15-405 (revocation by recorded instrument; later deed revokes prior; not revocable by will) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
- C.R.S. § 15-15-406 (acknowledgment; subject to recording statute § 38-35-109(2)) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
- C.R.S. § 15-15-407 (vests at death; subject to liens; Medicaid recovery; no anti-lapse) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
- C.R.S. § 15-15-408 (joint tenant; effective only if last to die; does not sever joint tenancy) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
- C.R.S. § 15-15-409 (rights of creditors — repealed 2006) — https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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