What Happens If Two People Own a Car And One Dies in Colorado

When one of two co-owners listed on a Colorado vehicle title dies, the outcome depends on how the co-ownership is designated on the title and whether the surviving owner has established survivorship rights. Colorado law recognizes both joint tenancy with rights of survivorship and tenancy in common, each with distinct consequences upon death. Colorado's county motor vehicle offices must process all title transfers following the death of a co-owner, and the title and registration must be promptly updated to reflect the lawful current owner.

Determine How the Names Appear on the Colorado Car Title

Colorado Revised Statutes § 42-6-116 establishes the procedures for title applications and designations of ownership. The specific language and designations used when co-owners' names appear on the title determine whether the vehicle passes automatically to the surviving co-owner or whether the deceased co-owner's interest becomes part of the estate. Owners may affirmatively declare their chosen form of ownership using the State of Colorado Joint Tenancy with Rights of Survivorship Acknowledgment of Intent DR 2383 form at the time of registration.

If the Title Shows Survivorship Language

When both co-owners properly execute and file the DR 2383 form, the certificate of title is issued, designating joint tenancy with rights of survivorship. Each co-owner holds an equal and undivided interest in the vehicle. Upon the death of a co-owner, the surviving co-owner automatically becomes the sole owner by operation of law, without the need for probate proceedings. The surviving co-owner needs only to present a copy of the death certificate to the county motor vehicle office to have the deceased owner's name removed from the title.

If the Title Does Not Show Survivorship Language

If the title does not include a joint tenancy designation, or if the co-owners elected "Tenancy in Common" on the DR 2383 form, Colorado treats the ownership as tenancy in common. In this form of co-ownership, the interests are separate. Upon the death of one co-owner, the deceased co-owner's interest does not automatically transfer to the surviving co-owner; instead, it becomes part of the deceased owner's estate. The surviving co-owner retains only their half (or proportionate share) of the vehicle.

Colorado Car Title Rules After One Owner Dies

Following the death of a co-owner, Colorado requires that the title and registration be updated to reflect the current lawful owner. The specific procedure depends on whether the vehicle passes automatically by survivorship or whether the deceased co-owner's interest must be handled through probate, a beneficiary designation, or a small-estate procedure.

If the vehicle is held in joint tenancy with rights of survivorship, the surviving co-owner may apply to the county motor vehicle office to have the title corrected. Presentation of the death certificate and the current title, signed by the surviving co-owner, is typically sufficient. The county office will issue a new title showing the surviving co-owner as the sole owner.

If the vehicle is held as tenancy in common or without survivorship designation, the procedure depends on whether the estate qualifies for a simplified small-estate transfer, whether a beneficiary designation form was completed, or whether probate proceedings are necessary. All title transfer applications must be completed at the county motor vehicle office.

Does a Car Go Through Probate in Colorado if One Owner Dies?

The answer varies depending on the ownership structure and the value and complexity of the deceased co-owner's total estate.

Joint Tenancy with Survivorship: If both co-owners have properly established joint tenancy with rights of survivorship through the DR 2383 form, the vehicle passes directly to the surviving co-owner by operation of law. No probate is required, and no court involvement is necessary.

Tenancy in Common—Small Estate Procedure: If the vehicle is held as tenancy in common or without survivorship language, and if the total fair market value of all property owned by the deceased co-owner at the time of death (less liens and encumbrances) does not exceed $88,000 (for deaths occurring in calendar year), a simplified small-estate procedure is available. Under Colorado law, at least ten days after the death, a successor may complete the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding DR 2712 and present it to the county motor vehicle office along with a death certificate. This procedure avoids full probate administration.

Tenancy in Common—Formal Probate: If the deceased co-owner's total estate exceeds $88,000 or if a probate proceeding is already pending, the executor or administrator must provide Letters Testamentary (if there is a will), Letters of Administration (if there is no will), or a court order authorizing the vehicle transfer. These court documents must be presented to the county motor vehicle office along with the title and death certificate.

Beneficiary Designation Form: Colorado allows vehicle owners to execute a Transfer of Title Upon Death Designated Beneficiary DR 2009 form to designate a beneficiary to receive the vehicle upon death. This is a nonprobate transfer; upon presentation of the properly executed DR 2009 form, a death certificate, and the application for title DR 2395, the county motor vehicle office will issue a new title to the designated beneficiary without probate involvement.

How To Transfer a Car Title in Colorado After a Co-Owner Dies

All title transfers in Colorado following the death of a co-owner must be completed at the county motor vehicle office in the county of residence. Transfers cannot be completed online or by mail; an in-person application is required.

General Process

Step 1: Obtain a certified copy of the death certificate. Death certificates are issued by the Colorado Department of Public Health and Environment. Certificates can be ordered at the CDPHE vital records website.

Step 2: Locate the current certificate of title for the vehicle. If the title is missing or damaged, a replacement title can be obtained from the county motor vehicle office.

Step 3: Determine the ownership structure. Review the certificate of title to confirm whether the vehicle is registered in joint tenancy with rights of survivorship, tenancy in common, or under a beneficiary designation. Check if a DR 2383 form or DR 2009 form was filed.

Step 4: Depending on the ownership structure and estate situation, gather the required supporting documents (see Documents Needed section below).

Step 5: Complete the appropriate form. For joint tenancy with survivorship, complete the Application for Title and/or Registration DR 2395. For small-estate transfers, complete the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding DR 2712. For beneficiary designation forms, submit the DR 2009 form with the DR 2395 form.

Step 6: Sign the title and all supporting forms as required. For joint tenancy with survivorship, only the surviving co-owner's signature is required. For small-estate or probate transfers, the appropriate representative or successor must sign.

Step 7: Visit the county motor vehicle office in person, bringing the completed forms, the original or current title, the death certificate, all supporting documents, and payment for the applicable fees.

Step 8: Upon approval, the county office will issue a new certificate of title and registration showing the corrected ownership.

Applicable Fees

Colorado's title and registration fees are established by statute and vary by county, vehicle type, and weight. The following table lists fees most relevant to title transfers after the death of a co-owner:

Surviving Spouse

Colorado does not establish a separate procedure or deadline specific to surviving spouses transferring a vehicle from a deceased spouse. The surviving spouse follows the same procedures applicable to any co-owner or heir, depending on the ownership structure and estate value. If both spouses held the vehicle in joint tenancy with rights of survivorship, the surviving spouse may transfer the title as described above using the joint tenancy procedure.

Documents Needed to Transfer a Colorado Car Title After Death

The required documents vary depending on the ownership structure, whether probate is involved, and the total estate value. Colorado generally requires documents sufficient to establish lawful ownership and authority to transfer the vehicle.

Common Documents

Death Certificate: A certified copy of the death certificate is required for all transfers involving a deceased owner. Copies are obtained from the Colorado Department of Public Health and Environment or the vital records office in the county where the death occurred.

Certificate of Title: The original or current certificate of title for the vehicle must accompany the transfer application. The surviving co-owner or authorized representative must sign the back of the title.

For Joint Tenancy with Rights of Survivorship: The surviving co-owner's signature on the Application for Title and/or Registration DR 2395 and the death certificate are typically sufficient. The surviving co-owner does not need to provide court documents.

For Tenancy in Common—Small Estate Transfer (Estate Under $88,000): A successor may use the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding DR 2712, notarized and accompanied by a death certificate. The affidavit must state that at least ten days have elapsed since the death and that no probate proceeding is pending. The total fair market value of all the deceased co-owner's property (less liens and encumbrances) must not exceed the year-of-death threshold ($88,000 for 2026).

For Tenancy in Common—Formal Probate: When the estate exceeds the small-estate threshold or probate is pending, the personal representative must provide:

• Letters Testamentary (if a will exists), Letters of Administration (if no will exists), or an equivalent court order authorizing the vehicle transfer
• The death certificate
• The original or current title with the personal representative's signature

For Beneficiary Designation Form (DR 2009): The properly executed Transfer of Title Upon Death Designated Beneficiary DR 2009 form, signed during the owner's lifetime, the death certificate(s), and the completed Application for Title and/or Registration DR 2395 must be presented to the county motor vehicle office.

What if There Is a Loan on the Car?

If the vehicle has a recorded lien or security interest shown on the title, the lien must be addressed during the title transfer. If the loan has been paid off, the lienholder must release the lien by executing a lien release or satisfaction of the security agreement. The original or certified lien release document must accompany the transfer application to clear the lien from the new title.

If the loan is still outstanding and will remain after the transfer (for example, if a surviving co-owner or heir assumes the loan), the lienholder's information must be preserved on the new title. The applicant should present the current title with all lienholder information clearly visible to the county motor vehicle office so that the lien information can be carried forward onto the new certificate of title.

If there is a dispute regarding the lien or if the lienholder fails to release a satisfied lien, the applicant should contact the lienholder directly to request a release document before submitting the transfer application.

Contact Information

Colorado Department of Revenue Division of Motor Vehicles
1351 5th St., Suite 100, Denver, CO 80204
Phone: (303) 205-5600
Official Website: Colorado Division of Motor Vehicles