Beneficiary Deed (Transfer on Death) - Colorado

BENEFICIARY DEED (TRANSFER ON DEATH) — COLORADO

C.R.S. §§ 15-15-401 et seq.

CAUTION: THIS DEED MUST BE RECORDED BEFORE THE GRANTOR'S DEATH TO BE EFFECTIVE.

Colorado calls this instrument a beneficiary deed. It transfers no present ownership. The owner retains full authority over the property during life, and the beneficiary's interest vests only at the owner's death. A beneficiary deed may affect Medicaid eligibility and recovery and may not avoid every probate or title proceeding. Obtain Colorado legal and title review before use.

1. Recording Information

Prepared by / recording requested by:
[NAME]
[ADDRESS]
[CITY, STATE, ZIP]

After recording return to:
[NAME]
[ADDRESS]
[CITY, STATE, ZIP]

Grantor's mailing address: [ADDRESS]

2. Grantor and Beneficiary Designation

[OWNER FULL LEGAL NAME], as Grantor, designates:

Primary grantee-beneficiary: [BENEFICIARY FULL LEGAL NAME]

Address: [BENEFICIARY ADDRESS]

Optional successor grantee-beneficiary: If the primary grantee-beneficiary does not survive the Grantor, Grantor designates [SUCCESSOR BENEFICIARY FULL LEGAL NAME], whose address is [SUCCESSOR BENEFICIARY ADDRESS], as successor grantee-beneficiary.

3. Transfer Effective at Death

Grantor transfers, sells, and conveys on Grantor's death to the grantee-beneficiary all of Grantor's interest in the real property described below.

This Beneficiary Deed is revocable. It does not transfer any ownership until the death of the Grantor. During the Grantor's lifetime, the grantee-beneficiary has no right, title, or interest in the property, and the Grantor retains full power and authority over the property without the beneficiary's joinder, signature, consent, agreement, or notice.

4. Real Property

The real property is located in [COUNTY] County, Colorado.

Street address (reference only): [PROPERTY ADDRESS]

Parcel / schedule number (reference only): [PARCEL NUMBER]

Complete legal description:

[INSERT THE FULL LEGAL DESCRIPTION FROM THE CURRENT VESTING DEED OR ATTACH IT AS EXHIBIT A]

5. Title Effect

Unless this deed expressly states otherwise, it contains no warranties of title and has the force and effect of a bargain-and-sale deed. At the Grantor's death, the grantee-beneficiary takes only the Grantor's interest and takes it subject to the conveyances, contracts, mortgages, deeds of trust, liens, easements, leases, licenses, and other interests described in C.R.S. § 15-15-407.

Optional additional provisions drafted or approved by Colorado counsel:

[NONE / INSERT APPROVED PROVISIONS]

6. Statutory Warnings

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.

7. Revocation and Coordination Notice

This deed cannot be revoked, altered, or amended by the Grantor's will. Under C.R.S. § 15-15-405, a properly executed and pre-death recorded revocation may revoke it. A later beneficiary deed for the same described property revokes the prior grantee-beneficiary designations in their entirety; it need not expressly revoke the earlier deed. Among qualifying instruments recorded before death, the most recently executed instrument controls regardless of recording order.

Do not rely on destroying an original, changing this recorded document, or changing a will. Use a separately executed and recorded instrument reviewed for compliance with Colorado law.

8. Joint-Ownership Notice

If the property is held in joint tenancy with right of survivorship, a beneficiary deed signed by a joint tenant does not sever the joint tenancy and becomes effective only if that joint tenant is the last surviving joint tenant. All owners, vesting, marital or civil-union rights, and existing estate-planning documents must be reviewed before signing.

9. Execution

Executed on: [DATE]

Grantor signature: ____________________________________

Printed name: [OWNER FULL LEGAL NAME]

10. Acknowledgment

STATE OF COLORADO
COUNTY OF [COUNTY]

This instrument was acknowledged before me on [DATE] by [OWNER FULL LEGAL NAME].

Notary signature: ____________________________________

Notary name: [PRINTED NAME]

Notary commission expires: [DATE]

Notary seal:

11. Pre-Recording Checklist

☐ The current vesting deed, title commitment, and complete legal description were reviewed.
☐ Every owner whose interest is intended to transfer is correctly identified and has signed.
☐ Beneficiary names, capacity to hold title, shares, survivorship terms, and successor designations were reviewed by Colorado counsel.
☐ Joint-tenancy, marital or civil-union, homestead, mortgage, lien, trust, tax, and creditor issues were reviewed.
☐ Medicaid eligibility and estate-recovery consequences under C.R.S. §§ 15-15-403 and 15-15-407(4) were reviewed.
☐ The deed contains transfer-at-death language and a proper acknowledgment.
☐ County-specific margin, return-address, fee, and recording requirements were confirmed.
☐ The deed will be recorded with the Clerk and Recorder of the Colorado county where the property is located before the Grantor's death.
☐ The recorded deed will be retained with the Grantor's estate-planning and title records.

12. Post-Death Note

C.R.S. § 15-15-413 requires proof of the owner's or a grantee-beneficiary's death to be established in the same manner used to prove the death of a joint tenant. The beneficiary should obtain Colorado legal and title guidance before recording proof of death, selling, financing, or otherwise dealing with the property.