How to File and Record a New Deed in Colorado After a Spouse’s Death | Colorado Probate | FastCounsel
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How to File and Record a New Deed in Colorado After a Spouse’s Death

August 18, 2025 8 min read

Can I file and record a new deed after my wife’s death so my child becomes the owner? — Colorado FAQ

Short answer: It depends on how the property was owned before your wife died. The path to put title in your child’s name varies if the property passed automatically by survivorship, by a transfer-on-death document, by will, or by intestate succession. In some cases you record a deed; in others you must open a probate estate or use another statutory procedure first.

Disclaimer: This is general information, not legal advice. Consult a Colorado attorney or the county recorder for guidance specific to your facts.

1. Identify how title was held (the critical first step)

Before you prepare any deed you must know the exact form of ownership on the recorded deed:

  • Joint tenants with right of survivorship (JTWROS) — when one joint owner dies the surviving owner(s) automatically own the property by operation of law.
  • Tenants in common — each owner has a separate share; a deceased owner’s share passes by will or intestacy.
  • Sole ownership — the decedent was the only owner; title passes via will or intestacy unless there was a valid transfer-on-death deed.
  • Transfer-on-Death (TOD) deed — if a properly executed and recorded TOD deed named your child as beneficiary, title passes to the beneficiary at death (check whether Colorado recognized TOD deeds for real property in your situation).

Why this matters

If ownership passed automatically at death (for example, JTWROS), no probate is required to change the public record — you generally record the death certificate and an affidavit or survivorship document. If title did not pass automatically, you usually need probate (or another statutory procedure) to create authority to sign a deed that transfers the decedent’s interest to the child.

2. Typical procedural paths in Colorado (by scenario)

A. Property held as JTWROS and the surviving owner wants the record updated

  1. Obtain a certified copy of the death certificate of the deceased owner.
  2. Contact the county clerk & recorder where the property is recorded and ask about their preferred form — many counties accept a “Death of Joint Tenant” affidavit or a certified death certificate plus a short cover affidavit from the surviving owner.
  3. Record the death certificate and affidavit with the county recorder so the public record reflects the surviving owner as sole owner. No conveyance tax or new deed is required to effect survivorship in most cases.
  4. If you (as the surviving owner) want to transfer title to your child after that, you prepare and record a new deed (quitclaim or warranty deed) from you to the child. That deed must be signed, notarized, and recorded at the county recorder’s office.

B. Property was solely owned by the deceased spouse and the will leaves the property to the child

  1. The executor named in the will must open probate in the district court of the county where the decedent lived. If there is no executor, an interested person can petition to be appointed administrator.
  2. After appointment, the personal representative obtains authority (letters testamentary or letters of administration) from the court.
  3. The personal representative signs and records a deed transferring the property to the child (according to the will). The deed is then recorded in the county where the property is located.

C. No will (intestate) — child inherits under Colorado intestacy rules

If there is no will, the decedent’s successor(s) must follow Colorado probate procedures to establish ownership. The court will appoint an administrator if required, and the administrator signs a deed to transfer title to the heir(s).

D. If there is a valid transfer-on-death deed recorded before death

A properly executed and recorded TOD deed (if available under Colorado law and valid in the decedent’s situation) can pass the property directly to the named beneficiary without probate. The beneficiary will record proof of the owner’s death and then record appropriate documents to have title reflect the beneficiary as owner.

3. Preparing and recording the new deed (if a deed is the correct document)

When you need to prepare a deed to place title in the child’s name, follow these steps:

  1. Confirm who currently has legal authority to sign (surviving owner, personal representative, or other court-appointed representative).
  2. Choose the deed type — quitclaim deed (transfers whatever interest the grantor has, with minimal warranties) or general warranty deed (makes broader promises about title). Quitclaim is commonly used within families; warranty deeds are used for sales and to provide title assurance.
  3. Use the precise legal description of the property from the recorded deed (lot, block, subdivision or metes-and-bounds). Do not rely on street addresses alone.
  4. Draft the deed with the correct grantor(s) and grantee(s), include consideration language (often nominal for gifts), and include a tax statement if required by the county.
  5. Have the grantor(s) sign the deed in the presence of a Colorado notary public (notarization is required for recording).
  6. Record the signed, notarized deed at the county clerk & recorder in the county where the property is located. Pay the recording fee and any local taxes or transfer fees that may apply.
  7. Keep a certified copy of the recorded deed and update title insurance if you have it.

4. When probate is required — brief overview of Colorado probate

Probate in Colorado is handled by the district court. If the decedent left a will that transfers real estate (and the estate is not covered by a non-probate transfer), the personal representative must be appointed by the court to transfer title. If there is no will, the estate is administered according to Colorado’s intestacy laws. For information on Colorado probate statutes and forms, see the Colorado Revised Statutes (Title 15 — Probate) and Colorado Judicial Branch probate resources:

5. Colorado property and recording law references

General state law on property and recording is in the Colorado Revised Statutes, Title 38 (Property & Conveyances). For county-specific recording practices consult the county clerk & recorder where the property is located.

6. Practical checklist before you record

  • Obtain a certified death certificate.
  • Get a copy of the recorded deed that shows current ownership and legal description.
  • Confirm whether there is a will, TOD deed, or other estate plan document recorded.
  • If probate is needed, contact the district court to open the estate and get letters testamentary/administration.
  • Decide what type of deed you will use to transfer to the child (quitclaim vs warranty).
  • Have the proper person sign the deed and notarize it.
  • Record at the county clerk & recorder; pay fees and follow county instructions for cover sheets or excise tax forms.
  • Consider ordering a title search or involving a title company to avoid defects or liens.

Helpful Hints

  • Start by obtaining the recorded deed and a certified death certificate — those documents clarify the path forward.
  • Call the county recorder before drafting a deed. Counties often provide a sample cover sheet and explain exact recording requirements and fees.
  • If the title is not clear or there are liens, get a title search. A title company can issue a title commitment so the buyer (or your child) knows title will be clear.
  • Use a Colorado attorney when probate is required or if heirs disagree. Probate has strict timelines and notice requirements.
  • Don’t record a post-death deed purporting to transfer the decedent’s title unless you have statutory authority (e.g., you are the appointed personal representative). An improperly recorded deed can be rejected and cause legal problems.
  • Check whether any local transfer taxes or excise taxes apply where the property sits. Colorado counties and municipalities have differing local requirements.
  • Make sure the deed includes the full legal description (not just street address) and the correct names for grantor and grantee.
  • Consider whether you want to use a warranty deed instead of a quitclaim deed to provide the child with greater protection from title defects.

When to consult a Colorado attorney

Talk to a lawyer if:

  • Ownership on the recorded deed is unclear.
  • There is a will contest or multiple heirs with competing claims.
  • The estate must be probated or you need help obtaining letters of administration/testamentary.
  • There are tax, creditor, or lien issues attached to the property.

Getting the right legal help early often prevents costly mistakes when transferring real property after a death.

Final reminder: This article is educational only and does not create an attorney-client relationship. For specific legal advice about transferring real property in Colorado after a spouse’s death, consult a licensed Colorado attorney or the county clerk & recorder where the property is located.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.