Deed Monkey Blog
Colorado Transfer on Death Deed; a/k/a Colorado Beneficiary Deed

Some states have something called a transfer on death deed,  In Colorado, a beneficiary deed is probably the equivalent of a Colorado transfer on death deed.

In addition to any method allowed by law to effect a transfer at death, title to an interest in Colorado real property may be transferred on the death of the owner by recording, prior to the owner's death, a beneficiary deed signed by the owner of such interest, as grantor, designating a grantee-beneficiary of the interest. The transfer by a beneficiary deed shall be effective only upon the death of the owner.  A beneficiary deed need not be supported by consideration.

Definition of Colorado Beneficiary Deed

In Colorado, "Beneficiary deed" means a deed, subject to revocation by the owner, which conveys an interest in real property and which contains language that the conveyance is to be effective upon the death of the owner.  "Deed" means any instrument of conveyance of real property.  "Owner" means the grantor of a beneficiary deed.

It Is Not Called A Quick Claim Deed

It is a quitclaim deed -- not a quick claim deed.  The individual making the transfer to the new owner "quits" his or her "claim" to the real property and does not any representation that the transferor owns anything or is transferring marketable title. The grantor makes no guarantee that he is transferring good, indefeasible or marketable title. The grantor is simply stating “whatever I have I am giving to you, and nothing more.” The phrase quick claim deed came about through a misconception about the need for legal advice, i.e., that by using a quick claim deed, the parties do not need a lawyer and can make the transfer quickly.


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