Detailed Answer
When someone dies owning a motor vehicle, you must decide whether that vehicle becomes part of their probate estate. Under Colorado law, the answer depends primarily on how the vehicle was titled, any beneficiary designations, and whether the estate qualifies for a small-estate affidavit.
1. Review Title Ownership at Death
If the decedent held the vehicle in their name alone, the car is probate property unless another transfer mechanism applies. If the decedent and another person (for example, a spouse) held title as joint tenants with right of survivorship, the surviving owner takes full title automatically and the vehicle does not enter probate.
2. Check for a Transfer‐on‐Death (TOD) Beneficiary
Colorado allows a beneficiary designation on a vehicle title. When the decedent added a TOD beneficiary under C.R.S. § 42-6-142, the named person or entity receives ownership upon presentation of the death certificate and proper DMV forms. In that event, the vehicle bypasses probate and never becomes estate property. See C.R.S. § 42-6-142 at leg.colorado.gov/statutes/title-42-vehicles-and-traffic.
3. Consider Small‐Estate Procedures
If the decedent’s total personal property—including the vehicle—does not exceed $80,000, heirs may use the summary affidavit procedure under C.R.S. § 15-12-102. After filing an affidavit of heirship and a certified death certificate with the county court, the vehicle transfers under a simplified process. You can then present the court order and title to the DMV using form DR 2474. See C.R.S. Title 15, Article 12 at leg.colorado.gov/statutes/title-15-probate-code and DMV form DR 2474 at dmv.colorado.gov.
4. Trust Ownership
If the decedent placed the vehicle in a living trust, the trustee follows the trust terms to distribute the car. It never becomes estate property under the probate code.
5. Transfers Before Death
A valid sale or gift of the vehicle before death removes it from the estate. However, transfers that are later challenged as fraudulent conveyances may be set aside by creditors under C.R.S. § 38-41-101 et seq.
Helpful Hints
- Examine the title certificate: ownership language and any TOD designation.
- Request a title history from the Colorado DMV for clarity.
- Calculate the total value of personal property to see if small-estate rules apply.
- Use DMV form DR 2474 for small-estate vehicle transfers.
- Consult a probate attorney for estates with multiple assets or disputes.
Disclaimer: This article provides general information on Colorado law. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.