A house or land without probate in Colorado

An owner can sign a beneficiary deed saying the property 'transfers on death' or 'conveys on death' to a named beneficiary. It must be recorded with the county clerk and recorder before the owner dies.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Colorado

Real estate (TOD deed)

Yes · Beneficiary deed

An owner can sign a beneficiary deed saying the property 'transfers on death' or 'conveys on death' to a named beneficiary. It must be recorded with the county clerk and recorder before the owner dies. The beneficiary has no rights until the death. A person on Medicaid, or applying for it, who has a beneficiary deed in effect can have the property counted as a resource.

Law: C.R.S. 15-15-401 to 15-15-415, 15-15-403

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Colorado
Counts

Real estate that passes by will or inheritance counts toward the total, minus mortgages, even though the affidavit cannot transfer it. Real estate held in joint tenancy or with a recorded beneficiary deed is not counted.

Law: C.R.S. 15-12-1201(1)(a); JDF 999 para. 2(d)

Main home (primary residence)
Counts

The person's home counts, minus the mortgage, if it passes by will or inheritance. It is not counted if held in joint tenancy or with a beneficiary deed.

Law: C.R.S. 15-12-1201(1)(a)

Surviving spouse in Colorado

Colorado has no separate small estate procedure for a spouse. In a probate case, the surviving spouse (or, if none, dependent children) is entitled to exempt property (a base of $30,000, adjusted for the cost of living) and a family allowance. Property the spouse receives as a joint owner or named beneficiary passes outside the estate.

Law: C.R.S. 15-11-403, 15-11-404

Who inherits with no will in Colorado

If there is no will, the surviving spouse gets everything if the person left no children or parents, or if all the person's children are also the spouse's children and the spouse has no other children. In other cases the spouse gets a set dollar amount (adjusted for the cost of living) plus a share of the rest. Anything not going to the spouse goes to the children (or their descendants), then parents, then brothers and sisters and their descendants, then grandparents' families. A designated beneficiary under a designated beneficiary agreement can also inherit.

Law: C.R.S. 15-11-101 to 15-11-103, 15-11-102.5

Source: Official page

Related pages

Free help in Colorado

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.