[CO] How can I remove my deceased father’s name from a jointly held house deed without hiring an attorney?

CO Estate Probate

Seth

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Since the deed lists your parents as joint tenants, your mother should be able to remove your father's name from the deed without going through probate (CO Rev Stat § 38-31-101 (6)(c)). You can usually do this by filing an affidavit of survivorship along with a certified copy of the death certificate with the county recorder's office.

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My father died and I need to have his name taken off the deed of the house him and my mother co-own.

Lexi, Chatbot

I'm sorry to hear about your father's passing; that must be a difficult time for you. Can you tell me if your mother is still living and involved in the ownership of the house?

Yes, she is still alive but I have durable power of attorney. Yes, she is on the deed and is still living in the house.

Lexi, Chatbot

Have you already obtained a death certificate and any necessary documents related to the property?

Yes, I have the death certificate.

Seth

Hi there! My name is Seth, and I am a licensed attorney. I understand you're dealing with removing your late father's name from the deed of the house he co-owned with your mother. Have you considered consulting with a local attorney to explore your options?

Local attorneys are too expensive. I would rather try to take care of this myself if possible. I would rather take care of this without hiring an attorney.

Seth

Could you let me know if there are any other names on the deed besides your mother's and late father's? Also, do you know if the property is located in a state with specific probate requirements for such changes?

My mother is the only other one on the deed. The state is Colorado, Mesa County. I am unsure if there are any probate requirements.

Seth

In Colorado, you might need to go through probate to remove your father's name from the deed, especially if the property wasn't held in joint tenancy with rights of survivorship. Let's start by checking the deed to see how the ownership was structured. Do you have access to the deed to check this information?

Yes.

Seth

Great! Please check the deed to see if it mentions "joint tenancy with rights of survivorship" or "tenants in common." This will help us understand the next steps. Let me know what you find.

The deed says mother and father as joint tenant.

Seth

Sounds good, thank you.

Seth

You're welcome! If you have any more questions or need further assistance in the future, don't hesitate to reach out. Take care!

Seth

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