Start with how the title reads
Look at the front of the title. The Colorado DMV's guidance (what to do when a loved one dies) splits it into a few cases. Title transfers from a deceased owner are done at your county motor vehicle office.
Two owners, joint tenancy with right of survivorship
If the title shows the owners in joint tenancy with right of survivorship, the surviving owner brings a copy of the death certificate. That is usually the simplest case.
The deceased was the only owner
Bring the death certificate and one of these documents showing who now has the right to the vehicle:
- Letters Testamentary or Letters of Administration from a probate court.
- A small estate affidavit. Colorado's DMV form is DR 2712, the affidavit for collection of personal property under C.R.S. 15-12-1201. It must be notarized, list the vehicle's year, make, and VIN, and it only applies when the estate is under the state's limit for the year of death, at least ten days have passed, and no personal representative has been appointed or applied for.
- A DR 2009 Transfer of Title Upon Death beneficiary form, if the owner filled one out before they died. The DMV says it can be used in place of the court documents.
The beneficiary or personal representative named in those documents can then sign the title.
Two owners as tenants in common
Then the deceased owner's share needs the same court letters or small estate affidavit, plus the death certificate, and both the surviving owner and the beneficiary sign.
A power of attorney ends at death
A power of attorney the owner signed while alive does not let anyone sign their title after they die. That is what the documents above are for. If you are unsure which applies, the county office or an estate attorney can tell you. This page is general information, not legal advice.
When the paperwork is sorted
Take your time. When you know who will sign, call us or use the quote form. Mention that it was a family member's car and what documents you have, and we will tell you what we need. If the title is missing too, see selling without a title, and the pickup checklist for clearing out the car.