Colorado § 38-31-102 Proof of death - certificate of death available

Colorado Statutes

§ 38-31-102 — Proof of death - certificate of death available

Colorado § 38-31-102

Title 38Property -

Art.Co-ownership of Real Property

This text of Colorado § 38-31-102 (Proof of death - certificate of death available) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-31-102 (2026).

Text

(1)A certificate of death, a verification of death document, or a certified copy thereof, of a person who is a joint tenant may be placed of record with the county clerk and recorder of the county in which the real property affected by the joint tenancy is located, together with a supplementary affidavit. The supplementary affidavit, which shall be properly sworn to or affirmed by a person of legal age having personal knowledge of the facts, must include the legal description of the real property and a statement that the person referred to in the certificate is the same person who is named in a specific recorded deed or similar instrument creating the joint tenancy. When recorded, the original certificate or verification document and supplementary affidavit, or certified copies

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(1) A certificate of
death, a verification of death document, or a certified copy thereof, of a person who
is a joint tenant may be placed of record with the county clerk and recorder of the
county in which the real property affected by the joint tenancy is located, together
with a supplementary affidavit. The supplementary affidavit, which shall be
properly sworn to or affirmed by a person of legal age having personal knowledge
of the facts, must include the legal description of the real property and a statement
that the person referred to in the certificate is the same person who is named in a
specific recorded deed or similar instrument creating the joint tenancy. When
recorded, the original certificate or verification document and supplementary
affidavit, or certified copies thereof, must be accepted in all courts of the state of
Colorado as prima facie proof of the death of the joint tenant. The certificate or
verification document and supplementary affidavit provided for in this section may
also be used to provide proof of the death of a life tenant, the owner under a
beneficiary deed, or any other person whose record interest in real property
terminates upon the death of such person to the same extent as a joint tenant as
provided in this section.

(2) Repealed.

Legislative History

Source: L. 23: p. 399, � 1. CSA: C. 92, � 1. CRS 53: � 118-2-2. C.R.S. 1963: � 118-2-2. L. 2002: Entire section amended, p. 1037, � 85, effective June 1. L. 2006: Entire article amended, p. 241, � 1, effective July 1. L. 2014: Entire section amended, (HB 14-1073), ch. 30, p. 177, � 6, effective July 1. L. 2016: (1) amended, (SB 16-133), ch. 145, p. 429, � 1, effective August 10. L. 2025: (2) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.