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Transfer on Death Deed Laws in Colorado

Colorado allows beneficiary deeds under C.R.S. 15-15-401 and following, and the deed must be recorded with the county clerk and recorder before the owner's death.

Last checked . General information, not legal advice.

Colorado at a glance

TOD deed allowed
Yes (beneficiary deed)
Uniform act adopted
No, own statute
Colorado uses its own beneficiary deed statute in C.R.S. 15-15-401 and following.
Recording rule
Before the owner's death
Must be recorded with the clerk and recorder of the county where the property is located.

Sources

Last checked

The rules in Colorado

Does Colorado allow transfer on death deeds for real estate?

Yes (beneficiary deed). TOD deed allowed in Colorado: yes (beneficiary deed).

Has Colorado adopted the Uniform Real Property Transfer on Death Act?

No, own statute. Uniform act adopted in Colorado: no, own statute. Colorado uses its own beneficiary deed statute in C.R.S. 15-15-401 and following.

When must a transfer on death deed be recorded in Colorado?

Recording rule in Colorado: Before the owner's death. Must be recorded with the clerk and recorder of the county where the property is located.

Where do the Colorado transfer on death deed laws come from?

The rules above come from Colo. Rev. Stat. 15-15-401 and Colo. Rev. Stat. 15-15-404. Each source is linked on this page. We last checked them in October 2026.

Good to know

The statutory form warns that signing a beneficiary deed may affect Medicaid eligibility and may not avoid probate.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.