How to re-record or update a joint survivorship deed after co-owners died — Colorado

Short answer

If the recorded deed created a true right of survivorship (joint tenancy or explicit survivorship language), the surviving owner(s) can usually document the death and record an affidavit (plus a certified death certificate) with the county recorder to show title now belongs to the survivor(s). If the deed did not create survivorship, or there is a dispute, probate or a court action may be required. Always confirm what the recorded deed actually says and talk to a Colorado real estate attorney or title company when unclear.

Detailed Answer — step by step (Colorado)

1) Confirm how the property is owned

Obtain a certified copy of the recorded deed from the county clerk and recorder where the property is located. Read the deed carefully. Look for language that creates a right of survivorship (examples: “joint tenants with right of survivorship,” “with right of survivorship,” or explicit survivorship wording). If the deed is a transfer-on-death/beneficiary deed, different rules apply.

2) Get certified death certificate(s)

Order an official certified copy of the deceased co-owner’s death certificate from Colorado Vital Records (Colorado Department of Public Health & Environment): https://cdphe.colorado.gov/vital-statistics. County health departments and some private vendors can help you obtain a certified certificate.

3) Determine the transfer method you will use

Common ways to update the public record in Colorado:

Record an Affidavit of Death of Joint Tenant / Survivorship Affidavit — If the deed created a survivorship interest, an affidavit signed by the surviving owner(s), referencing the recorded deed and attaching a certified death certificate, is the typical method to place an updated ownership record in the chain of title.
Record a new deed — Some survivors choose to have a new deed prepared (for example, a quitclaim or warranty deed transferring title to the survivor alone or to new owners). Recording the new deed will replace the public appearance of the prior deed as controlling title evidence.
Probate or other court process — If there is no survivorship language, conflicting documents, or multiple claimants, a probate case or court order may be required to clear title.

4) Prepare the supporting documents

Typical documents county recorders expect:

The recorded deed’s reference (book/page or reception number).
An Affidavit of Death of Joint Tenant or similar affidavit. Many Colorado counties provide recording requirements or sample affidavit language on their clerk/recorder websites (check the county recorder where the property is located).
A certified copy of the death certificate for the deceased co-owner.
If recording a new deed: the signed, notarized new deed (quitclaim or warranty deed) and any required transfer tax or county forms.

5) Record with the county clerk and recorder

File the affidavit and the certified death certificate (and/or new deed) at the county clerk and recorder where the property is recorded. Each county sets recording fees and format rules; check the county recorder’s recording page for instructions and fees (example: Denver Clerk & Recorder recordings information: https://www.denvergov.org/Government/Departments/Clerk-and-Recorder/Recordings).

6) After recording — follow-up steps

Order an updated title report or title commitment to confirm the chain of title now shows the correct owner(s).
Notify mortgage lenders, homeowner’s insurance, the county assessor, and homeowners’ associations (if applicable) so tax bills, insurance, and mortgage records are updated.
If you recorded a new deed, consider getting owner’s title insurance or updating an existing policy to protect against future claims.

7) When you will likely need probate or court help

Probate or a quiet-title action will usually be required when:

The deed does not contain survivorship language and title is not otherwise transferable outside probate.
There are competing claims to ownership, missing heirs, or ambiguous deed language.
Multiple co-owners died and it’s unclear who survived whom (sometimes affidavit procedures require proof of order of deaths).

For general Colorado probate information and forms, see the Colorado Judicial Branch: https://www.courts.state.co.us/.

What to watch for — common pitfalls

Don’t assume wording you think is survivorship language actually creates a legal right of survivorship. The precise deed language matters.
Recording an affidavit without properly referencing the recorded deed or without a certified death certificate can cause rejection by the recorder or later title problems.
Mortgages and liens remain on the property — the surviving owner remains responsible for secured debt unless it is paid or refinanced.
Deeds executed in other states or under other names may complicate the chain of title; a title company or attorney can help clean up problems.

Where to get help in Colorado

County clerk and recorder’s office — for certified copies of recorded deeds and recording requirements. (Find your county recorder’s website through your county government site.)
Colorado Department of Public Health & Environment (Vital Records) — to order certified death certificates: https://cdphe.colorado.gov/vital-statistics.
Title companies — can prepare affidavits or deeds and issue title insurance that identifies and cures title issues.
Colorado Judicial Branch — general probate information and local court contacts: https://www.courts.state.co.us/.
Real estate attorney — when deed language is ambiguous, parties disagree, or probate is required.

Helpful Hints

Start with the recorded deed: that document controls whether survivorship applies.
Get certified death certificates early — county recorders often require them with an affidavit.
If you plan to record a new deed, use a title company to confirm there are no hidden liens or title problems.
Keep originals and certified copies of recorded documents in a safe place; provide copies to surviving co-owners and your attorney.
If the property is subject to a mortgage, contact the lender before recording a new deed — recording won’t remove the mortgage lien.
Even when survivorship is clear, recording an affidavit or new deed promptly prevents confusion for tax and sale purposes.

Disclaimer: This article explains general Colorado procedures and common practices; it is not legal advice. Laws and county recording requirements change. Contact a Colorado real property attorney, your county recorder, or a title company for advice tailored to your facts.