Colorado Code § 38-31-102

Proof of death - certificate of death available - definitions
Open in Lexace · Ask the AI about this section
(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) As used in this part 1, unless the context otherwise requires, a "certificate of death or
certified copy thereof" means a certificate of death as construed in section 25-2-110 (10), C.R.S.,
that meets the requirements set forth in section 38-35-112 to be admitted as evidence or a copy
of such a certificate of death certified by the public office that issued it.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.