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Inherited a Colorado House: A Free Plain-Words Course for Heirs

How the house passes: probate, small estate, beneficiary deed, joint tenancy

Who gets the house and how it passes · 1 study hours

Bottom line: The small-estate affidavit can collect bank accounts and other personal property but cannot transfer real estate, so a house moves by probate, a recorded beneficiary deed, or joint tenancy with a surviving owner.

Bottom line first. Before you do anything with the house, find out how it was owned. There are three ways a Colorado house can pass: through probate, by a beneficiary deed, or to a surviving joint tenant. The simple "small estate" paper from the court's website can collect a bank account, but the court says in writing that it cannot transfer real estate.

Step one: how was the house owned?

Look at the last deed, which is on file with the county clerk and recorder (the county office that keeps property records). The deed shows the owner's name and whether anyone else is listed. The court's own checklist asks first: "Did the Decedent own real estate?" and then carves out two kinds of real estate that do not count: real estate "titled in joint tenancy with a surviving joint tenant" and real estate "titled with a beneficiary deed" (JDF 907). So those two skip probate. A house held alone, or with others as tenants in common, goes through probate.

Path 1: probate

Probate is the court process that gives someone the legal power to deal with a dead person's property and pay their debts. The court names a personal representative to run it. This is the default path for a house owned by the decedent alone. Lesson 3 shows how to become the personal representative.

Also, a house held as tenants in common needs probate. The court form explains that with tenants in common, when a co-owner dies "his or her share passes to his or her estate rather than to the remaining co-owners. Probate is necessary" (JDF 907).

Path 2: the small-estate affidavit does not move a house

Colorado has a no-court shortcut for small estates. A successor signs a sworn statement called an affidavit (form JDF 999), has it notarized, and gives it, with a death certificate, to the bank or other holder of the decedent's property. The court does not receive the form: "This process does not require a filing with the Court" (JDF 998). The law behind it is C.R.S. 15-12-1201.

The key fact for you: the court's guide says "The affidavit cannot be used to transfer real estate but may only be used to collect personal property" (JDF 998). The court's open-an-estate page repeats it, asking whether "you do not have to transfer any real estate." Personal property means everything that is not land or buildings: bank accounts, cars, furniture and so on. (Cars have their own state form; the DMV will not accept JDF 999, per JDF 998.)

To use the affidavit at all, JDF 998 says three things must be true:

  1. At least ten days have passed since the date of death (C.R.S. 15-12-1201(1)(b)).
  2. The estate's property, "less liens and encumbrances," is no more than the limit for the year of death.
  3. No one has been appointed, or has applied to be appointed, personal representative in any state (15-12-1201(1)(c)).

Liens and encumbrances are debts attached to property, such as a mortgage. The limit changes every year. JDF 998 (revised March 19, 2026) lists these amounts by year of death:

Year of deathLimit
2026$88,000
2025$86,000
2024$82,000
2023$80,000
2022$74,000
2020 and 2021$70,000

The statute says the limit is "twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112" (C.R.S. 15-12-1201(1)(a)), which is why it moves each year. For years not on the table, JDF 998 sends you to the Department of Revenue's website.

Path 3: beneficiary deed

A beneficiary deed is a deed signed by the owner, recorded before death, that says the house passes to a named person on the owner's death. It is "subject to revocation by the owner" (C.R.S. 15-15-401(1)). The law says it must be recorded with the county clerk and recorder before the owner's death to work (15-15-404(1)). While the owner is alive, the person named has no right to the house, and the owner keeps full power over it (15-15-402(3)).

What this means for you:

  • Title vests in the named person "only on the death of the owner" (15-15-407(1)). No court order is needed to make them the owner, though the death still needs to be shown on the record.
  • A will cannot change or cancel a valid beneficiary deed (15-15-405(4)). The most recently signed beneficiary deed or revocation controls (15-15-405(3)).
  • The new owner takes the house "subject to" mortgages, liens, leases and similar interests (15-15-407(2)). A mortgage does not disappear at death.
  • Someone with an unrecorded interest must record notice within four months after the owner's death, or lose it against people who had no notice (15-15-407(3)).
  • The state's form carries this warning: "EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE" (15-15-404(1)). Other assets may still need probate.

Path 4: joint tenancy

Joint tenancy means two or more people own the house together with a right of survivorship: when one dies, that person's interest ends and the survivors keep the property. The statute says "the deceased joint tenant's interest is terminated" and a single survivor's interest "shall continue free of the deceased joint tenant's interest" (C.R.S. 38-31-101(6)(c)). In Colorado a deed creates joint tenancy only if it says so, for example "as joint tenants" or "JTWROS." Otherwise co-owners are tenants in common (38-31-101(1), (4)).

To clear the record, the survivor can record a certified death certificate together with a sworn supplementary affidavit that names the property and says the dead person is the same person named in the recorded deed (C.R.S. 38-31-102(1)). Ask the clerk and recorder what else the county wants.

Example with real numbers

Marguerite died in 2026. She owned a house alone with no beneficiary deed. Her daughter Priya and son Jordan are the heirs. She also left a checking account of $52,000 and a car worth $9,000.

  1. Is there a joint tenant or beneficiary deed? No, so the house goes through probate.
  2. Can the small-estate affidavit handle the house? No, because the affidavit "cannot be used to transfer real estate" (JDF 998).
  3. Can it handle the other property? Add the personal property: $52,000 + $9,000 = $61,000. The limit for a 2026 death is $88,000. $88,000 minus $61,000 leaves $27,000 of room, so the personal property is under the limit.
  4. Remember to subtract liens. If the car has a $4,000 loan, the countable value falls to $57,000. But the DMV needs its own form for the car.
  5. Catch: the affidavit is only available if no personal representative has been appointed or applied for. Once Priya opens probate for the house, the affidavit is off the table, so Priya would ask the personal representative to collect the bank account instead.

The lesson in the numbers: being under $88,000 does not help with the house. The limit only counts if no one is appointed, and a house needs an appointment.

Which path do I have?

How the house was ownedHow it passes
In the decedent's name aloneProbate
With another, as joint tenants with right of survivorshipTo the survivor, then record proof of death
With another, as tenants in commonThe dead owner's share goes to the estate, so probate
Beneficiary deed recorded before deathTo the named person at death

If the house has a mortgage or Medicaid history, ask a professional. The state can make a recovery claim against a beneficiary deed property (15-15-407(4)).

Law cited

Key terms

Probate
The court process that gives someone legal power to handle a dead person's property and pay their debts.
Personal representative
The person, at least 21, whom the court appoints to run the estate; this role was once called executor.
Affidavit
A written statement you swear to be true, signed before a notary.
JDF 999
The small-estate affidavit for collecting personal property; it is not filed with the court.
Personal property
Everything owned that is not land or buildings, like bank accounts, cars and furniture.
Real estate
Land and the buildings on it.
Lien
A debt that is attached to property, such as a mortgage or deed of trust.
Beneficiary deed
A deed signed and recorded by the owner before death that passes the house to a named person at death; the owner can revoke it.
Grantee-beneficiary
The person a beneficiary deed names to receive the property at the owner's death.
Joint tenancy
Co-ownership with right of survivorship; when one owner dies the survivors keep the property.
Tenants in common
Co-ownership where a dead owner's share goes to their estate, not to the other owners.
Clerk and recorder
The county office that keeps recorded deeds and property records.

Flashcards

Can the small-estate affidavit transfer a house?

No. JDF 998 says it cannot be used to transfer real estate, only to collect personal property.

Does the small-estate affidavit get filed with the court?

No. It is notarized and shown to whoever holds the property.

Small-estate limit for a 2026 death?

$88,000 (JDF 998), counted after liens and encumbrances.

How many days after death before the affidavit can be used?

At least ten days.

When does a beneficiary deed take effect?

Only at the owner's death, and it must be recorded before the owner dies.

Can a will override a valid beneficiary deed?

No. A compliant beneficiary deed cannot be revoked or changed by the owner's will.

What happens to a mortgage when a beneficiary deed passes the house?

The new owner takes the house subject to the mortgage and other liens.

What does the joint tenancy survivor record?

A certified death certificate plus a sworn supplementary affidavit (C.R.S. 38-31-102).

How does co-ownership become joint tenancy in Colorado?

The deed must say so, for example "as joint tenants" or JTWROS.

House owned as tenants in common: probate or not?

Probate. The dead owner's share passes to the estate.

Quiz: 10 questions

Tap an answer. It shows right or wrong and opens the reason. Your score is saved in this browser and counts in the study app.

  1. According to the court's guide (JDF 998), what can the small-estate affidavit be used for?

    1. A Transferring a house to an heir
    2. B Collecting personal property such as bank accounts
    3. C Opening probate without any forms
    4. D Naming a personal representative
    Show answer and why

    Answer: B. Collecting personal property such as bank accounts

    The guide says the affidavit "cannot be used to transfer real estate but may only be used to collect personal property." It is used when no personal representative is appointed.

    JDF 998

  2. Priya's father died in 2025 and left $75,000 in personal property after liens. Under the table in JDF 998, can the affidavit limit be met?

    1. A No, because the 2025 limit is $70,000
    2. B No, because the limit is $50,000 for everyone
    3. C Yes, but only if the house is added
    4. D Yes, because the 2025 limit is $86,000
    Show answer and why

    Answer: D. Yes, because the 2025 limit is $86,000

    $86,000 minus $75,000 leaves $11,000 of room, so the amount is under the limit. The house cannot be moved by the affidavit either way.

    JDF 998

  3. How many days must pass after death before a successor can present the small-estate affidavit?

    1. A Ten
    2. B Five
    3. C Forty-five
    4. D Ninety
    Show answer and why

    Answer: A. Ten

    The statute and the guide both say at least ten days must have elapsed since death. Forty-five days is the wait for a creditor to seek appointment, which is a different rule.

    C.R.S. 15-12-1201(1)(b); JDF 998

  4. Which house would NOT usually need probate to pass?

    1. A One owned alone with no other paperwork
    2. B One owned by two people as tenants in common
    3. C One with a beneficiary deed recorded before the owner's death
    4. D One owned alone where the heirs have only a verbal promise
    Show answer and why

    Answer: C. One with a beneficiary deed recorded before the owner's death

    JDF 907 lists beneficiary-deed real estate and survivor joint tenancy as the two kinds that are not counted. Tenants in common need probate.

    JDF 907; C.R.S. 15-15-407(1)

  5. Jordan's mother died in 2026. Her personal property is $60,000 and a $12,000 car loan is secured by a car worth $18,000. Counting liens, what value is compared with the limit if those are the only assets?

    1. A $78,000
    2. B $60,000
    3. C $88,000
    4. D $66,000
    Show answer and why

    Answer: D. $66,000

    Add the car ($18,000) to $60,000 = $78,000. Subtract the loan of $12,000 = $66,000. The tempting $78,000 forgets that the limit counts value "less liens and encumbrances." It is under $88,000.

    JDF 998; C.R.S. 15-12-1201(1)(a)

  6. A beneficiary deed was recorded after the owner died. Is that enough to make it work?

    1. A Yes, if recorded within 30 days
    2. B No, it must be recorded before the owner's death
    3. C Yes, if the named person signs it
    4. D Yes, if the will mentions it
    Show answer and why

    Answer: B. No, it must be recorded before the owner's death

    The statute requires recording "prior to the owner's death." The state's form says the deed "must be recorded prior to the death of the grantor in order to be effective."

    C.R.S. 15-15-404(1)

  7. A mother left a house by beneficiary deed to her son Jordan. Her will leaves the house to his sister. Who gets the house?

    1. A Jordan, because a valid beneficiary deed cannot be changed by the will
    2. B The sister, because the will is later
    3. C They share it in half
    4. D The State of Colorado
    Show answer and why

    Answer: A. Jordan, because a valid beneficiary deed cannot be changed by the will

    The law says a compliant beneficiary deed "may not be revoked, altered, or amended by the provisions of the will of the owner."

    C.R.S. 15-15-405(4)

  8. Which of these is NOT true of a beneficiary deed?

    1. A The owner can revoke it
    2. B It takes effect at the owner's death
    3. C The named person owns the house while the owner is alive
    4. D The new owner takes subject to a mortgage
    Show answer and why

    Answer: C. The named person owns the house while the owner is alive

    During the owner's lifetime the named person has "no right, title, or interest." Everything else in the other choices is stated in the act.

    C.R.S. 15-15-402(3); 15-15-407(2)

  9. Two siblings bought a house and the deed just says "to Jordan and Priya." Jordan dies. What does Colorado law presume?

    1. A They are joint tenants, so Priya owns it all
    2. B They are tenants in common, so Jordan's share goes to his estate
    3. C The house goes to the State
    4. D The house is split by the county
    Show answer and why

    Answer: B. They are tenants in common, so Jordan's share goes to his estate

    A conveyance to two people creates joint tenancy only if the deed declares it. Otherwise it is a tenancy in common, and a dead tenant in common's share passes to the estate.

    C.R.S. 38-31-101(1), (4); JDF 907

  10. The statute sets the small-estate limit as what, before yearly changes?

    1. A Half the value of the house
    2. B A flat $100,000
    3. C The amount of the funeral bill
    4. D Twice the exempt property amount in C.R.S. 15-11-403, as adjusted
    Show answer and why

    Answer: D. Twice the exempt property amount in C.R.S. 15-11-403, as adjusted

    The statute says "twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112." The exempt-property base is $30,000 in the text, so twice is $60,000 before adjustment; JDF 998 lists the adjusted figures by year.

    C.R.S. 15-12-1201(1)(a); 15-11-403(1)(b)

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