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Colorado Asset Transfers After Death

How common assets may transfer after death in Colorado, with state-level defaults for probate, real estate, vehicles, and beneficiary assets.

Authority depends on title. Colorado offers an unusually wide set of nonprobate paths: beneficiary deeds for real estate, transfer-on-death beneficiary designations on vehicle titles, payable-on-death accounts, TOD securities, and designated beneficiary agreements. Assets solely in the decedent's name with no beneficiary path generally require probate or the collection-by-affidavit small-estate process.

Usually Outside Probate

These assets often pass by contract, title, or beneficiary designation.

Life insurance with a named beneficiaryRetirement accounts with a named beneficiaryJoint tenancy property and joint accounts with survivorship

Usually Needs Estate Authority

Assets solely in the decedent's name with no beneficiary or survivorship path often need an appointed personal representative or the collection-by-affidavit process.

Sole-owner bank account with no payable-on-death beneficiaryPersonal property above the collection-by-affidavit limitReal estate titled only in the decedent's name with no beneficiary deed

Special Review Needed

Beneficiary deeds, designated beneficiary agreements, Medicaid recovery, and creditor claims require source-backed review.

Beneficiary deed real estate, which remains subject to liens and to Medicaid estate-recovery claimsVehicle transfer through a county motor vehicle office (TOD designation or DMV form DR 2712)Small personal property estates collected by affidavit (JDF 999)

Select an Asset Type

Sources: https://leg.colorado.gov/colorado-revised-statutes | https://olls.info/crs/crs2025-title-15.pdf | https://dmv.colorado.gov/sites/dmv/files/documents/DR%202712_e_wo.pdf | https://dmv.colorado.gov/sites/dmv/files/documents/DR2009_1.pdf | https://www.coloradojudicial.gov/media/8151

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Colorado?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).

Information current as of April 11, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Colorado can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.