Sahvelo

Transferring a vehicle in Colorado after someone dies

Colorado's small estate ceiling is not a number. The statute caps the estate at "twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112" — twice an inflation-adjusted figure keyed to the year before the death, printed nowhere in the section that uses it. This page states the base and the mechanism and does not invent the answer.

State Colorado

The procedure is set by the state that issued the title, not by where the owner lived.

Sahvelo publishes 50 states for this topic. If the title came from another state, that state's motor vehicle agency is the authoritative source until we publish it. See what's published.

Paths
3 in this state

The paths this state offers

Every route Sahvelo has verified for transferring a vehicle after a death in this state, side by side. The guided questions identify which one applies to you.

Path When it applies Court involvement Tax owed Speed Authority
Beneficiary designation form A form was properly executed by the owner or every joint owner None The certificate of title fee; no waiting period is stated Fastest — the form, proof of death and the fee C.R.S. § 42-6-110.5
Collection affidavit No form, ten days have passed, no appointment anywhere, and the estate is within the derived ceiling None The certificate of title fee Ten days after the death — among the shortest waits in this corpus C.R.S. §§ 15-12-1201, 15-11-403 and 15-10-112
Proof of ownership or a court order No form and the affidavit conditions do not hold Possible — a court order is one of the two ways to satisfy the section The certificate of title fee Not published; the agent decides what proof it reasonably requires C.R.S. §§ 42-6-114 and 42-6-115

A ceiling written as a formula

Section 15-12-1201's first statement is the unusual one: the fair market value of the property “subject to disposition by will or intestate succession at the time of his or her death, wherever that property is located, less liens and encumbrances, does not exceed twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112”.4

Section 15-11-403 supplies the base — “On and after January 1, 2012, the decedent's surviving spouse is entitled to exempt property from the estate in the form of cash in the amount of or other property of the estate in the value of thirty thousand dollars” — and section 15-10-112 moves it: the amounts “must be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index”, which is the CPI for 2010, with the result rounded to the next multiple of a thousand dollars.4

So the operative ceiling is twice an adjusted figure that depends on the year of death, and it appears nowhere on the face of the section that uses it. Sahvelo states the base and the mechanism and does not state the adjusted amount, for the same reason it does not state Michigan's: a figure that was right last year is worse than no figure at all.4

Note also what is counted: property “subject to disposition by will or intestate succession”, wherever located, less liens and encumbrances. Property passing outside the estate is outside the count; property in another state is inside it.4

Ten days, and the title office must act on it

Colorado's affidavit is available sooner than almost any comparable provision: “At any time ten or more days after the date of death of a decedent, any person indebted to the decedent or having possession of any personal property ... shall pay or deliver such property to a person claiming to be a successor of the decedent”.4

And it binds the titling office rather than merely permitting it: “The public official having cognizance over the registered title of any personal property of the decedent shall change the registered ownership from the decedent to the successor or successors upon the presentation of an affidavit”.4

The same document reaches the rest of the estate's personal property. A securities transfer agent must re-register on presentation of it, and a safe deposit box “may be entered and its contents shall be delivered upon presentation of an affidavit”. Where somebody acts on a successor's behalf, their duties “are the same as the duties of an agent to the agent's principal”.4

A will cannot revoke the beneficiary form

Colorado has had a vehicle beneficiary designation since 2016, and the statute settles what a later will does to one: “the designation of a beneficiary in a beneficiary designation form may not be changed or revoked by will or by any other” instrument.1

Two acts do revoke it: “Selling the vehicle with proper assignment and delivery of the certificate of title to another person”, or “Properly executing a subsequent beneficiary designation form that designates a new beneficiary.”1

On the death the beneficiary presents the form with proof of death and the title fee, and the division “subject to any security interest, shall issue a new certificate of title to the beneficiary”. It “may rely on a death certificate, record, or report that constitutes prima facie evidence of death.”1

Nobody who acted without knowing is caught out. A personal representative is not liable for transferring the vehicle where they lack “actual knowledge of the existence of a valid, unrevoked beneficiary designation form”, and neither is a successor who acted by affidavit under section 15-12-1201.1

"May issue" — a discretion, not a duty

Where there is no form and the affidavit does not fit, section 42-6-114 names inheritance first and then leaves the evidence open: the director or the authorized agent “may issue, upon the surrender of any available certificate of title and presentation of such proof of ownership as the director may reasonably require or a court order, a new certificate of title on behalf of the new owner”.2

Read the verbs. “any available certificate” — a missing one is not fatal. “such proof of ownership as the director may reasonably require” — no list. “may issue” — a discretion. That combination is why the first step here is a phone call rather than a folder.2

Where nothing satisfactory exists at all, section 42-6-115 allows a sworn statement instead, reciting “the facts and circumstances by which the applicant acquired the ownership and possession of the vehicle”, the source of the title, the position on any liens, and the applicant's right to have a certificate filed — “made under penalty of perjury in the second degree”.2

The counter is the county clerk and recorder

Colorado titles are issued by an authorized agent rather than by a state office, and the fee goes there: “Upon filing with the authorized agent an application for a certificate of title, the applicant shall pay to the agent a fee of seven dollars and twenty cents, which shall be in addition to the fees for the registration of such motor vehicle.”3

The same section shows who the agent is in practice: a mortgage filed with an authorized agent attracts the fees imposed by law “for the filing of like instruments in the office of the county clerk and recorder”.3

Registration is separate and is not covered by these sections — the title fee is expressly “in addition to” it.3

What Sahvelo could not read, and will not guess

Everything on this page comes from the Colorado Revised Statutes as published by the General Assembly. The Division of Motor Vehicles' own guidance is not here, and that is a recorded blocker rather than an oversight: dmv.colorado.gov returns 403 to every automated client — pages, forms and PDFs alike.

It matters most where the statute leaves the evidence open. Section 42-6-114's “such proof of ownership as the director may reasonably require” is exactly the kind of requirement an agency publishes and a statute does not, so this page names no document list for that route.2

The practical answer is the county clerk and recorder for the county where the vehicle is registered, who is the authorized agent the statutes keep referring to.3

The Division answers, and it names what the statute leaves open

C.R.S. § 42-6-114 asks for “such proof of ownership as the director may reasonably require” and names nothing, and until 2026-08-19 this page could not say what the director requires, because dmv.colorado.gov answered 403 to every automated client. It answers a browser. The Division names both documents: “Letters of Testamentary or Administration or Small Estates for the owner showing who can sign for the vehicle” and “A death certificate for the vehicle's owner.”5

It also answers three cases the statutes do not reach. A joint tenancy with rights of survivorship: “the surviving owner can sign the title with a copy of the death certificate.” A tenancy in common: “If an owner passes away, their share goes to their estate to be divided according to their will or state law. This transfer requires documentation appointing a personal representative for the deceased owner.” And two owners where one has died and the other acts through a power of attorney, which needs both instruments at once.56

The sentence worth acting on before anybody dies: “The DR 2009 ( see Forms page here ) can be used in lieu of Letters of Testamentary or Administration or Small Estates if it was previously completed by the deceased owner.” A form filled in during life replaces a court appointment after death.5

On a loan, the Division publishes both the requirement and the escape from it. A release letter must carry the vehicle description, the titled owner's names, an agent's signature, the date the lien was released, and either notarization or a signature “under penalty of perjury in the second degree (CRS 42-6-125)”; letterhead is not needed if the lienholder is an individual, and a copy is acceptable. But: “a lien release is required before a duplicate title can be issued, unless the lien has reached its maturity date, which is 10 years from the date filed, on a motor vehicle.”7

If nobody knows who the lienholder was, “the lienholder should be shown on the back of your vehicle's registration”, and a Vehicle Record Search will give the rest — though “Only the owner listed on the title document can request the VRS ... unless the requester has power of attorney (DR2175).” Where the lender has gone out of business, the Division points at the FDIC.7

What to do, step by step

The order of operations for each path. Only one of these applies to you — the guided questions will say which.

Beneficiary designation form

The form, proof of death, and the title fee.

  1. First

    Find the form

    It carries the vehicle's details, every owner's name, the words 'transfer on death to' or 'TOD' and the beneficiary, and every owner's signature.

  2. as soon as it is available

    Get proof of the death

    The division may rely on a death certificate, record or report that constitutes prima facie evidence of death.

  3. once proof is in hand

    Present the form to the Division

    With the proof of death and the certificate of title application fee. The division, subject to any security interest, shall issue a new certificate of title to the beneficiary.

Collection affidavit

Ten days after the death, on an affidavit the titling office must act on.

  1. ten days after the death

    Wait ten days from the death

    The section operates 'At any time ten or more days after the date of death of a decedent'.

  2. First

    Get the ceiling for the year of death

    Twice the section 15-11-403 amount as adjusted by section 15-10-112 — a base of thirty thousand dollars moved by the CPI for the calendar year before the death. Neither section prints the result.

  3. at the same time

    Confirm no appointment anywhere

    No application or petition for the appointment of a personal representative may be pending or granted in any jurisdiction.

  4. once the ten days have passed

    Present the affidavit

    To the authorized agent for the vehicle, and to any other holder of the deceased's property. The public official with cognizance over the registered title shall change the registered ownership.

Proof of ownership or a court order

The open-ended route where no form and no affidavit applies.

  1. First

    Ask the authorized agent what proof it requires

    The statute asks for 'such proof of ownership as the director may reasonably require or a court order' and names nothing specific. The Division's own guidance could not be read.

  2. alongside

    Find any available certificate of title

    It is surrendered where it exists — the statute says 'any available certificate of title', so a missing one is not fatal.

  3. if the certificate cannot be produced

    If nothing satisfactory exists, prepare the sworn statement

    Reciting how ownership and possession were acquired, the source of title, the position on any liens, and the applicant's right — under penalty of perjury in the second degree.

  4. once the evidence is settled

    Apply to the authorized agent

    With the certificate of title application fee of seven dollars and twenty cents, in addition to registration.

Documents and forms

Each name below links to the official form or the agency page that issues it.

Needed on every path

Needed on some paths

  • Beneficiary designation form

    Only if yes

    Applies to A beneficiary designation form — and a will cannot revoke it

    Made available by the Division in each public office and on its website since 2016. Carries the vehicle's details, the name of every owner, the words 'transfer on death to' or 'TOD' and the beneficiary, and the signature of the owner or each joint owner.

    Link checked 2026-08-19

  • Collection of personal property affidavit

    Only if yes

    Applies to Ten days and an affidavit — and the titling office must act on it

    States the value against the derived and inflation-adjusted ceiling, that ten days have elapsed, that no appointment is pending or granted anywhere, and each person's entitlement. The titling official must act on it.

    Link checked 2026-08-19

  • Statement under penalty of perjury (section 42-6-115)

    Only in some situations

    Applies to Outside the affidavit — proof of ownership, or a court order

    For an applicant who cannot produce a transferred certificate or other satisfactory evidence. Recites how ownership and possession were acquired, the source of title, the position on liens, and the applicant's right to a certificate.

    Link checked 2026-08-19

Where and how to file

  • In person

    The authorized agent — the county clerk and recorder for the county where the vehicle is registered

    Colorado titles are issued by an authorized agent acting for the Division. The application and the fee are filed with that agent, and the statute treats the county clerk and recorder as the office where like instruments are filed.Call before assembling anything. Section 42-6-114 leaves the evidence at 'such proof of ownership as the director may reasonably require', and the Division's own guidance could not be retrieved.On the affidavit route the obligation runs the other way: the public official with cognizance over the registered title shall change the registered ownership on presentation of the affidavit.

    Find an office

    Applies to every path

  • By mail

    Whoever holds the deceased's personal property

    The affidavit binds holders generally — anyone indebted to the person who died, or holding funds on deposit, safe deposit box contents, tangible personal property, or an instrument evidencing a debt, obligation, stock, chose in action or stock brand.A securities transfer agent must change the registered ownership on presentation, and a safe deposit box may be entered and its contents delivered.Where the debt is secured by real property, the person making the affidavit must record a copy of it and of the death certificate with the clerk and recorder of the county where the real property is located.

    See the mailing instructions

    Applies to Ten days and an affidavit — and the titling office must act on it

What it costs

Fees change, and the agency's own schedule is the only current source. Where Sahvelo cannot verify a fixed amount, it links the schedule rather than quoting a number.

FeeAmountNotesFee schedule
Application for a certificate of title Published by the agency Seven dollars and twenty cents, paid to the authorized agent and expressly in addition to the fees for registration of the vehicle. Current fee schedule
Registration Published by the agency A separate charge, not covered by the sections read here. The Division publishes registration fees on its own site, which could not be retrieved. Current fee schedule
Noting a mortgage on the certificate Published by the agency The fees imposed by law for filing like instruments with the county clerk and recorder, plus seven dollars and twenty cents for issuing or recording the certificate and noting the mortgage. Current fee schedule

After you file

  • A loan survives the transfer. The division issues the beneficiary's new certificate “subject to any security interest”, and the beneficiary's interest is subject to any contract of sale, assignment, or ownership or security interest the owner was subject to.Check the new certificate against what you believe about the loan when it arrives.

    Applies to every path

  • The same affidavit reaches the rest of the estate's personal property: funds on deposit, safe deposit box contents, tangible personal property and instruments evidencing debts, obligations, stock or a chose in action.Where an instrument is secured by real property, a copy of the affidavit and of the death certificate must be recorded with the clerk and recorder of the county where that real property is located.

    Applies to Ten days and an affidavit — and the titling office must act on it

  • If somebody acted for you, they owed you a fiduciary duty: “The duties owed to a successor by a person acting on behalf of the successor in the making, presentation, or other use of an affidavit under this section are the same as the duties of an agent to the agent's principal”.The statute attaches the same remedies as apply to an agent under Colorado's power of attorney law.

    Applies to Ten days and an affidavit — and the titling office must act on it

  • The title is not the registration. The title fee is expressly “in addition to the fees for the registration of such motor vehicle”, and registration is handled separately at the same authorized agent.The Division publishes those figures on its own site, which could not be retrieved — so ask the county clerk and recorder what the registration will cost.

    Applies to every path

If your situation doesn't fit one of these paths

Common complications, and what each one changes.

  • The will leaves the car to somebody other than the named beneficiary

    The form wins. “the designation of a beneficiary in a beneficiary designation form may not be changed or revoked by will or by any other” instrument.

    Only selling the vehicle with a proper assignment and delivery of the certificate, or executing a later beneficiary designation form, revokes one.1

  • You need to know the small estate ceiling and cannot find it

    That is because it is not written down as a figure. The cap is “twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112” — a base of thirty thousand dollars moved by the consumer price index for the calendar year immediately preceding the year of death.

    The adjusted amount depends on the year the person died and appears in neither section. Sahvelo does not state it. Ask the probate court or a Colorado probate attorney for the figure for that year.4

  • The certificate of title cannot be found

    It is not fatal. Section 42-6-114 asks for the surrender of “any available certificate of title”, and section 42-6-115 provides a route for an applicant who cannot produce one at all.

    That route runs on a sworn statement reciting how ownership and possession were acquired, the source of title and the position on liens — made “under penalty of perjury in the second degree”.2

  • Somebody has applied to be appointed in another state

    That closes the affidavit route. The condition is that no application or petition for the appointment of a personal representative is pending or has been granted “in any jurisdiction” — not merely in Colorado.

    The vehicle then moves under section 42-6-114 instead, on whatever proof of ownership the director reasonably requires, or a court order.42

  • It has been less than two weeks since the death

    Colorado is one of the shortest waits in this corpus: the affidavit works “At any time ten or more days after the date of death of a decedent”.

    Use the time to establish the ceiling for the year of death and to confirm that no appointment has been applied for anywhere.4

  • There is a safe deposit box

    The same affidavit opens it: a safe deposit box “may be entered and its contents shall be delivered upon presentation of an affidavit made pursuant to subsection (1)”.

    The affidavit's list of reachable property expressly includes “any contents of a safe deposit box at, any financial institution”.4

  • You want the Division's checklist and cannot find one here

    Sahvelo could not read it. dmv.colorado.gov returns 403 to every automated client — pages, forms and PDFs alike — so this page is built from the Colorado Revised Statutes alone.

    Where the statute leaves the evidence open, as section 42-6-114 does, no document list is stated here. The county clerk and recorder acting as authorized agent is the office to ask.23

Questions people ask about this

  • What is the small estate limit in Colorado?

    There is no figure in the statute. The affidavit requires the estate not to exceed “twice the amount set forth in section 15-11-403, as adjusted by section 15-10-112” — a base of thirty thousand dollars, moved by the consumer price index for the calendar year immediately preceding the year of death and rounded to the next multiple of a thousand dollars.So the answer depends on the year the person died, and neither section prints it. This page states the base and the mechanism rather than a number that would be wrong for most years.4

  • How long do we have to wait?

    Ten days. The affidavit works “At any time ten or more days after the date of death of a decedent”, which is among the shortest waits in this corpus.The beneficiary designation route has no waiting period at all — the form is presented with proof of death whenever the beneficiary is ready.41

  • Can a will override the beneficiary form?

    No. “the designation of a beneficiary in a beneficiary designation form may not be changed or revoked by will or by any other” instrument.Only two acts revoke one: selling the vehicle with a proper assignment and delivery of the certificate, or executing a later beneficiary designation form.1

  • Will the title office act on the affidavit?

    The statute says it must: “The public official having cognizance over the registered title of any personal property of the decedent shall change the registered ownership from the decedent to the successor or successors upon the presentation of an affidavit”.What that office wants to see alongside it is not published anywhere Sahvelo could read, so call the county clerk and recorder acting as authorized agent first.43

  • We cannot find the certificate of title

    Section 42-6-114 asks only for the surrender of “any available certificate of title”, so its absence does not close the route.Where no satisfactory evidence of ownership exists at all, section 42-6-115 allows a sworn statement instead — reciting how ownership and possession were acquired, the source of title and the position on liens, under penalty of perjury in the second degree.2

  • What does it cost?

    Seven dollars and twenty cents for the certificate of title application, paid to the authorized agent — and expressly “in addition to the fees for the registration of such motor vehicle”.Registration is charged separately, and the Division publishes those figures on a site that could not be retrieved.3

  • Where do we go?

    To the authorized agent — in practice the county clerk and recorder for the county where the vehicle is registered. The statute has the application filed with that agent and treats the clerk and recorder as the office where like instruments are filed.The Division of Motor Vehicles' own guidance is not summarized here because its website refuses every automated client.3

What the terms mean

5 terms used on this page, defined from the statute
Beneficiary designation form
Colorado's transfer-on-death instrument for a vehicle under C.R.S. § 42-6-110.5, available since 10 August 2016. The Division must make it available in each public office and on its website. It carries the vehicle's details, every owner's name, the words 'transfer on death to' or 'TOD' and the beneficiary, and every owner's signature — and it cannot be revoked by will. C.R.S. § 42-6-110.5
Authorized agent
The office that issues Colorado certificates of title for the Division — in practice the county clerk and recorder. C.R.S. § 42-6-137 has the title fee paid to the agent, and treats the county clerk and recorder as the office where like instruments are filed. C.R.S. § 42-6-137
The adjusted ceiling
Colorado's small estate cap, expressed as a derivation rather than a figure: twice the amount in C.R.S. § 15-11-403, as adjusted by § 15-10-112. The base is thirty thousand dollars on and after 1 January 2012; the adjustment uses the consumer price index for the calendar year immediately preceding the year of death against a 2010 reference base, rounded to the next multiple of a thousand dollars. C.R.S. §§ 15-12-1201, 15-11-403 and 15-10-112
The public official having cognizance over the registered title
The phrase in C.R.S. § 15-12-1201, subsection (3), that reaches a vehicle: that official shall change the registered ownership from the decedent to the successor on presentation of the affidavit. It is a duty rather than a discretion. C.R.S. § 15-12-1201
Statement under penalty of perjury in the second degree
The sworn statement C.R.S. § 42-6-115 allows where an applicant cannot produce a transferred certificate or other satisfactory evidence of ownership. It recites the facts and circumstances by which ownership and possession were acquired, the source of title, information about any liens, and the applicant's right to have a certificate filed. C.R.S. § 42-6-115

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Find my vehicle transfer path

Sahvelo gives information drawn from statutes, agency guidance and official forms. It is not legal advice for your particular situation. Terms & disclaimer.

Sources

Every rule on this page traces to one of the following. Both are titles of the Colorado Revised Statutes as published by the General Assembly's Office of Legislative Legal Services.

  1. C.R.S. § 42-6-110.5 — certificates of title, transfer upon death, beneficiary designation forms

    The beneficiary designation form: its fields, where the division must make it available, what the beneficiary presents, the rule that a will cannot revoke it, and the protection for people who acted without knowing.

    leg.colorado.gov Checked 2026-08-19

  2. C.R.S. §§ 42-6-114 and 42-6-115 — transfers by bequest, descent or law, and furnishing a statement for a certificate

    Transfers by bequest, descent or law — any available certificate, whatever proof the director reasonably requires, or a court order — and the sworn statement route where no satisfactory evidence exists.

    leg.colorado.gov Checked 2026-08-19

  3. C.R.S. § 42-6-137 — fees

    The certificate of title fee, paid to the authorized agent and in addition to registration.

    leg.colorado.gov Checked 2026-08-19

  4. C.R.S. §§ 15-12-1201, 15-11-403 and 15-10-112 — collection of personal property by affidavit, exempt property, and the cost of living adjustment

    Collection of personal property by affidavit: the ten days, the derived and inflation-adjusted ceiling, the duty on the public official with cognizance over the registered title, and the safe deposit box provision.

    leg.colorado.gov Checked 2026-08-19

  5. Colorado Division of Motor Vehicles — title, transfer from a deceased owner

    The Division's own requirements: Letters of Testamentary or Administration or Small Estates and a death certificate, the joint tenancy shortcut, the two-owner power-of-attorney case, and the DR 2009 substitution.

    dmv.colorado.gov Checked 2026-08-19

  6. Colorado Division of Motor Vehicles — title, ownership types and adding or removing names

    What joint tenancy with rights of survivorship and tenancy in common each do when an owner dies, and the form on which the choice is made.

    dmv.colorado.gov Checked 2026-08-19

  7. Colorado Division of Motor Vehicles — title, liens and lien releases

    What a lien release must contain, when letterhead is not required, the rule for liens not filed in Colorado, and the ten-year maturity that can make a release unnecessary.

    dmv.colorado.gov Checked 2026-08-19

Where a source is marked pending re-verification, the page says so wherever the claim appears.

Related from the Sahvelo Journal: What Happens to a Car When Someone Dies?

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