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Current as of January 01, 2022 | Updated by FindLaw Staff
(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, designates |
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(Name of grantor) |
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______________________________________________________ |
as grantee-beneficiary whose |
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(Name of grantee-beneficiary) |
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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.) |
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(Optional) [or if grantee-beneficiary fails to survive grantor, grantor designates |
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_____________________________________________________, |
as successor grantee-beneficiary |
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(Name of successor grantee-beneficiary) |
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whose address is _________________________________________________________________________________] |
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and grantor transfers, sells, and conveys on grantor's death to the grantee-beneficiary, the following described real property located in the County of , |
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State of Colorado: |
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(insert legal description here) |
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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___________________. |
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(Date) |
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___________________________________________________________ |
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(Grantor) |
(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.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-15-404. Form of beneficiary deed--recording - last updated January 01, 2022 | https://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-15-404/
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