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Knowing where the decedent's domicile (where the decedent had his or her primary residence) was at date of death is key when figuring out where you must probate the assets and what state you must pay taxes to (although real estate is subject to state estate or inheritance tax, if any, in the state in which it's located ...
Affidavit of Deceased Joint Tenant for Real Estate Located in Colorado. Use a Colorado supplemental affidavit of deceased joint tenant to provide formal notice that a named joint owner of real property has died. Colorado law allows two or more people to co-own real property as either tenants in common or joint tenants.
In Colorado, joint tenancy, a form of co-ownership, creates a right of survivorship. If one joint tenant passes away, their interest in the property automatically passes to the surviving joint tenant(s) without the need for probate.
(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.
Joint Tenancy with rights of Survivorship is defined as: A form of legal co-ownership of property (also known as survivorship). At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Transfer of ownership requires copy of death certificate and signature of survivor.
You will need to contact probate court or an attorney to have the deceased owner removed. If a Personal Representative's Deed is recorded for public record, the Letters of Testamentary appointing the Personal Representative of the estate must also be recorded.
The small estate affidavit is a legal document that must be completed and signed by the person entitled to receive the deceased person's assets. It must be filed with the court in the county where the deceased person lived, along with a certified copy of the death certificate.