Quitclaim Deeds and Transferring Property in Colorado
How to sign and record a quitclaim or other deed in Colorado, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: Deeds are recorded with the county clerk and recorder of the county where the property is located; an unrecorded deed is not valid against a later buyer who records first. C.R.S. §§ 38-35-101, 38-35-109, 39-13-102, 39-14-102
| Signing and recording a deed | Deeds are recorded with the county clerk and recorder of the county where the property is located; an unrecorded deed is not valid against a later buyer who records first. A deed acknowledged before a notary or other proper officer in the statutory form is prima facie evidence of proper signing. Each deed must be accompanied by a Real Property Transfer Declaration signed by the grantor or grantee. A state documentary fee of one cent per $100 of consideration applies when the consideration is over $500 (none if $500 or less). |
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| Transfer-on-death deed | Yes, called a beneficiary deed. The owner signs a deed naming a grantee-beneficiary that says it 'conveys on death' or 'transfers on death' (or otherwise shows it takes effect at death) and records it with the county clerk and recorder before the owner dies. The beneficiary has no rights during the owner's life, and the owner can revoke or change it by recording a new instrument (not by will). The statute provides a form. |
Official forms
Free Colorado quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Colorado?
Deeds are recorded with the county clerk and recorder of the county where the property is located; an unrecorded deed is not valid against a later buyer who records first. A deed acknowledged before a notary or other proper officer in the statutory form is prima facie evidence of proper signing. Each deed must be accompanied by a Real Property Transfer Declaration signed by the grantor or grantee. A state documentary fee of one cent per $100 of consideration applies when the consideration is over $500 (none if $500 or less).
Does Colorado allow transfer-on-death deeds?
Yes, called a beneficiary deed. The owner signs a deed naming a grantee-beneficiary that says it 'conveys on death' or 'transfers on death' (or otherwise shows it takes effect at death) and records it with the county clerk and recorder before the owner dies. The beneficiary has no rights during the owner's life, and the owner can revoke or change it by recording a new instrument (not by will). The statute provides a form.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.