Colorado § 38-31-103 Proof of death - certificate of death unavailable

Colorado Statutes

§ 38-31-103 — Proof of death - certificate of death unavailable

Colorado § 38-31-103

Title 38Property -

Art.Co-ownership of Real Property

This text of Colorado § 38-31-103 (Proof of death - certificate of death unavailable) 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. § 38-31-103 (2026).

Text

If a certificate
of death, verification of death document, or a certified copy thereof cannot be
procured, an affidavit properly sworn to or affirmed by two or more persons of legal
age having personal knowledge of the facts and having no record interest in the
real property affected by the joint tenancy may be placed of record in the office of
the county clerk and recorder of the county in which the real property is located.
The affidavit shall include a statement that a certificate of death, verification of
death document, or certified copy thereof cannot be procured, and the reason
therefor, the legal description of the real property, the date and place of death of
the deceased person, and a statement that the person referred to in the affidavit
was at the time of death an own

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If a certificate
of death, verification of death document, or a certified copy thereof cannot be
procured, an affidavit properly sworn to or affirmed by two or more persons of legal
age having personal knowledge of the facts and having no record interest in the
real property affected by the joint tenancy may be placed of record in the office of
the county clerk and recorder of the county in which the real property is located.
The affidavit shall include a statement that a certificate of death, verification of
death document, or certified copy thereof cannot be procured, and the reason
therefor, the legal description of the real property, the date and place of death of
the deceased person, and a statement that the person referred to in the affidavit
was at the time of death an owner of a joint tenancy interest in the real property.
When recorded, the original affidavit, or a certified copy thereof, shall be accepted
in all courts in the state of Colorado as prima facie proof of the death of the joint
tenant and the date and place of death of the joint tenant. The affidavit provided for
in this section may also be used to provide proof of the death of a life tenant or any
other person whose record interest in real property terminates upon the death of
the person and the date and place of death of the life tenant or other person to the
same extent as a joint tenant as provided in this section.

Legislative History

Source: L. 23: p. 399, � 2. CSA: C. 92, � 2. CRS 53: � 118-2-3. C.R.S 1963: � 118-2-3. L. 2002: Entire section amended, p. 1037, � 86, 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, � 7, effective July 1.