The most reliable place to get a Colorado beneficiary deed form is the website of the county clerk and recorder where your property sits, since that’s the office that will eventually record it. The Colorado Revised Statutes lay out a sample form in Section 15-15-404, and any deed in “substantially” that format satisfies the law.1Justia. Colorado Code 15-15-404 – Form of Beneficiary Deed – Recording Online legal document services sell Colorado-specific versions too. Getting the form is the easy part. Filling it out correctly, notarizing it, and recording it before you die is where people trip up.
Where to Get the Form
- County clerk and recorder websites. Many Colorado counties post a downloadable template on their recorder’s page, and because that same office processes the recording, county forms tend to match local formatting rules.
- Online legal document providers. Services like LegalZoom and Deeds.com sell Colorado-specific forms with guided fields, typically for $30 to $100.
- Legal stationery stores. Some office supply retailers stock real estate deed forms.
- A Colorado real estate or estate planning attorney. Worth the cost if you have co-owners, existing liens, or Medicaid concerns, because a flawed legal description or missing statutory language can void the transfer.
Whatever source you use, confirm the form tracks the statutory language in CRS 15-15-404 before you sign.
What to Fill In
Gather these before you start:
- The grantor’s legal name, exactly as it appears on the current deed to the property.
- The full legal description of the property from your existing deed or county property records. The street address is not enough, and copying this wrong is one of the most common ways people invalidate a beneficiary deed.
- The full legal name and mailing address of each grantee beneficiary.
- Optionally, a successor grantee beneficiary who takes the property if your first choice dies before you do.2Justia. Colorado Code 15-15-401 – Definitions
The document must contain language showing the transfer happens at death. Colorado accepts phrasing such as “conveys on death” or “transfers on death,” or equivalent wording.1Justia. Colorado Code 15-15-404 – Form of Beneficiary Deed – Recording Without it, the document isn’t a beneficiary deed and the recorder may reject it.
The statutory form also carries a bold warning that executing a beneficiary deed “may not avoid probate.”1Justia. Colorado Code 15-15-404 – Form of Beneficiary Deed – Recording The deed handles the transfer, but it doesn’t erase debts or claims attached to the property.
Signing and Notarization
Sign the deed in front of a notary public. Colorado requires an acknowledgment by an authorized officer for instruments affecting real property title, and without that notarization the county clerk will not record the document.3Justia. Colorado Code 38-35-101 Notary fees in Colorado are usually under $15 per signature.
Recording the Deed
Recording is not optional. A beneficiary deed that stays in your filing cabinet does nothing. The deed must be recorded with the county clerk and recorder in the county where the property is located, and the recording must happen before the grantor’s death.1Justia. Colorado Code 15-15-404 – Form of Beneficiary Deed – Recording A deed recorded even one day after death has no effect.
You can submit the deed in person or by mail. As of July 1, 2025, Colorado uses a flat $40 recording fee for most documents, replacing the older per-page structure.4Colorado General Assembly. Colorado HB24-1269 – Modification of Recording Fees Some counties add small surcharges, so check with your clerk’s office. The documentary fee that applies when consideration exceeds $500 generally doesn’t come into play, because a beneficiary deed doesn’t involve a sale price.
Once recorded, the deed is part of the public record. Keep the returned copy with your important documents and tell your beneficiary it exists.
What the Deed Does While You’re Alive
Colorado defines a beneficiary deed as a revocable deed that conveys real property and takes effect only at the owner’s death.2Justia. Colorado Code 15-15-401 – Definitions You’ll sometimes see these called “transfer on death” deeds, though the statute uses “beneficiary deed.”
While the deed is in place, you keep full ownership. You can sell the property, refinance it, or revoke the deed. The grantee beneficiary has no ownership interest, no right to occupy the property, and no voice in what you do with it.
Changing or Revoking the Deed
You can revoke a beneficiary deed at any time while alive, without the beneficiary’s permission or knowledge. CRS 15-15-405 provides two methods.5Justia. Colorado Code 15-15-405
The first is to execute and record a revocation instrument that identifies the property and states the beneficiary deed is revoked. Like the original, this revocation must be recorded before you die.
The second is to record a new beneficiary deed for the same property. A later beneficiary deed automatically revokes earlier beneficiary designations for that property, even if the new deed covers a different portion of your interest.5Justia. Colorado Code 15-15-405 If multiple deeds or revocations exist, the most recently executed one controls, regardless of recording order.
Your will cannot override a beneficiary deed. If your will leaves the property to your sister but your recorded beneficiary deed names your brother, your brother gets the property.5Justia. Colorado Code 15-15-405 Old beneficiary deeds forgotten after a divorce or family rift are a frequent source of problems.
If You Own in Joint Tenancy
You can sign a beneficiary deed on jointly held property, but it only operates if you are the last surviving joint tenant. As long as another joint tenant is alive at your death, survivorship rights take priority and the beneficiary deed has no effect. The deed does not sever the joint tenancy.
Couples who own a home together and each sign separate beneficiary deeds to different people often don’t realize that only the second spouse to die has a deed that functions. The first spouse’s property passes through survivorship to the other spouse, not through the beneficiary deed.
Medicaid and Creditor Exposure
If you apply for or receive Medicaid long-term care benefits, an active beneficiary deed on your property causes the state to count that property as a resource for eligibility purposes.6Justia. Colorado Code 15-15-403 A beneficiary deed can disqualify you from Medicaid.
Colorado also preserves the state’s ability to pursue estate recovery for Medicaid costs after death, and a beneficiary deed does not shield the property from those claims. The property passes to your beneficiary subject to any existing mortgages, liens, or encumbrances. If Medicaid is in the picture, talk to an elder law attorney before recording.
What the Beneficiary Does Later
Title does not retitle itself when you die. Your beneficiary will need to record a certified copy of your death certificate (or a verification of death document) with the county clerk and recorder, along with a supplementary affidavit confirming that the person named in the death certificate is the grantor who signed the deed. The beneficiary should also update homeowner’s insurance and give the county assessor a new mailing address for tax notices. A beneficiary who doesn’t want the property can file a disclaimer under CRS 15-15-414, in which case the successor grantee beneficiary (if named) takes the interest.