Pick Your Situation
The Title Names a Beneficiary (TOD)
When it applies: the owner (or all joint owners) completed a DR 2009 Transfer of Title Upon Death Designated Beneficiary Form before death. Colorado has offered this form since August 10, 2016. Under state law the transfer is a nonprobate transfer, and the beneficiary choice cannot be changed by a will. The owner could change it only by selling the car or signing a new DR 2009 (C.R.S. 42-6-110.5).
The DMV says the DR 2009 can be used in place of Letters Testamentary, Letters of Administration or small estate papers.
Steps
- Get the death certificate for the owner (and for each joint owner, if there was more than one).
- Fill out a DR 2395 Application for Title and/or Registration in the beneficiary's name.
- Take the DR 2009, the death certificate(s), the DR 2395 and the beneficiary's ID to the county motor vehicle office and pay the $7.20 title fee. Contact the office to confirm whether you also need to bring the current title.
- If there is a loan on the car, the new title is issued subject to the lien (see "The Car Still Has a Loan").
Forms
- DR 2009, Transfer of Title Upon Death Designated Beneficiary Form
- DR 2395, Application for Title and/or Registration
Documents to bring
- The DR 2009 signed by the deceased owner (and any joint owners)
- Death certificate for each owner
- DR 2395 application
- Beneficiary's secure and verifiable ID (see DR 2841)
- $7.20 title fee
The Car Was Co-Owned
When it applies: two people are named on the title. Colorado DMV sources describe two kinds of co-ownership, chosen on DR 2383 when the title was issued. If no choice was made, the title is issued as tenancy in common. If you are not sure how the title is held, ask the county motor vehicle office.
Joint tenancy with rights of survivorship: the surviving owner becomes the sole owner. They sign the title and bring a copy of the death certificate. No court papers are needed.
Tenancy in common: the deceased owner's share goes to their estate. Official DMV sources disagree on what papers are needed:
- The DMV's deceased-owner page says Letters Testamentary, Letters of Administration or small estate papers showing who inherits that half, plus the death certificate, will work. That person and the surviving owner then sign.
- The DMV's title page and form DR 2383 say only that this transfer requires documentation appointing a personal representative.
If you plan to use the small estate affidavit (DR 2712) for a half-share, call your county motor vehicle office first to confirm it will be accepted.
If the surviving owner cannot sign and someone holds their power of attorney, the DMV needs the estate papers for the deceased owner and the power of attorney for the survivor.
Forms
- DR 2383, Joint Tenancy with Rights of Survivorship Acknowledgment of Intent (shows how the title was set up)
- DR 2395, Application for Title and/or Registration
- DR 2712, Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (tenancy in common only, if the county accepts it)
Documents to bring
- Current Colorado title signed by the surviving owner
- Copy of the death certificate
- For tenancy in common: Letters Testamentary, Letters of Administration, or a DR 2712 if the county accepts it
- DR 2395 application
- Secure and verifiable ID (see DR 2841)
- Power of attorney, if someone is signing for the surviving owner
- $7.20 title fee
You're the Surviving Spouse
When it applies: your spouse owned the car, alone or with you. A surviving spouse usually takes the car through one of these routes:
- You're a joint owner with rights of survivorship: follow "The Car Was Co-Owned." Only a copy of the death certificate is needed.
- Your spouse named you on a DR 2009: follow "The Title Names a Beneficiary (TOD)."
- Neither applies and the estate is small: use the DMV's small estate affidavit, DR 2712. The estate must not exceed $88,000 for 2026 deaths ($86,000 for 2025 deaths). See "No Probate (Small Estate or Heirs)."
- Otherwise: the court-appointed personal representative handles the transfer. See "An Executor Has Been Appointed."
In every case, bring the death certificate, the title, the papers for your route, a DR 2395 application and your ID (see DR 2841) to the county motor vehicle office.
No Probate (Small Estate or Heirs)
When it applies: no one has applied to be, or been appointed, personal representative in any state, and the estate is small. Colorado law (C.R.S. 15-12-1201) lets the people entitled to inherit under the will or state law (called "successors") collect property, including a car, with a sworn affidavit.
The value cap: the fair market value of all property passing by will or by state inheritance law, wherever located, less liens, must not exceed the cap for the year of death:
- $88,000 for 2026 deaths
- $86,000 for 2025 deaths
- $82,000 for 2024 deaths
- $80,000 for 2023 deaths
Use the DMV's form, not the court's. The Colorado Judicial Branch says the DMV will not accept the court's small estate affidavit (JDF 999) for vehicles. Use DMV form DR 2712 instead.
Steps
- Wait at least 10 days after the date of death.
- Download the current DR 2712. Fill in the successor name(s), the deceased's name, and the vehicle's year, make, model and VIN.
- Each successor signs the DR 2712 in front of a notary.
- If an heir is keeping the car, complete a DR 2395 in the heir's name.
- Take the notarized DR 2712, the death certificate, the title, the DR 2395 and ID to the county motor vehicle office and pay the $7.20 title fee (plus registration fees if registering).
Anyone who receives property this way is answerable to a personal representative appointed later.
Forms
- DR 2712, Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding
- DR 2395, Application for Title and/or Registration
Documents to bring
- Notarized DR 2712 (a death certificate must go with it)
- Current Colorado title
- DR 2395 application
- Secure and verifiable ID (see DR 2841)
- Odometer disclosure for model year 2011 and newer vehicles, for the first 20 years
- Lien release, if a lien is shown on the title
An Executor Has Been Appointed
When it applies: a probate case is open and the court has appointed a personal representative (executor or administrator).
The DMV needs a death certificate and Letters Testamentary or Letters of Administration showing who can sign for the vehicle. The personal representative signs the title to transfer the car to the heir or to a buyer.
If the owner had signed a DR 2009 transfer-on-death form, the car passes to that beneficiary outside probate instead. Colorado law protects a personal representative who transfers the car without knowing a valid DR 2009 exists (C.R.S. 42-6-110.5).
Steps
- Get Letters Testamentary or Letters of Administration from the court handling the estate.
- The personal representative signs the title.
- The new owner completes a DR 2395 Application for Title and/or Registration.
- Take the title, letters, death certificate, DR 2395, odometer disclosure (if required) and ID to the county motor vehicle office and pay the $7.20 title fee.
Forms
Documents to bring
- Letters Testamentary or Letters of Administration
- Death certificate
- Current Colorado title signed by the personal representative
- DR 2395 application
- Secure and verifiable ID for the new owner (see DR 2841)
- Odometer disclosure, unless exempt
- Lien release, if any
The Car Still Has a Loan
When it applies: the car was financed and the loan is not paid off. A car loan does not go away when the owner dies.
In Colorado, the title for a financed car is held by the lender, or kept electronically through the Electronic Lien Title (ELT) program. A transfer-on-death beneficiary takes the car subject to the loan, and the DMV issues the new title subject to the lien.
Steps
- Find the lender. If a lien is recorded, the lienholder should be shown on the back of the vehicle's registration.
- Once the loan is paid, the lender releases the lien by signing the title, by a separate lien release letter, or electronically.
- Bring the lien release with the other papers for your situation to the county motor vehicle office.
- If the new owner takes over the loan instead of paying it off, the Colorado Department of Revenue treats that as a taxable sale, with tax on the loan balance assumed.
Documents to bring
- Lien release signed on the title, or a lien release letter from the lender
- The transfer papers for your situation (DR 2009, DR 2712, court letters, or the death certificate for a joint tenancy title)
Fees and Taxes
- Title fee: $7.20 for a title on a transfer of ownership, including a DR 2009 beneficiary transfer. A duplicate title is $8.20.
- Registration: if the new owner registers the car, they pay Specific Ownership Tax, registration fees and surcharges. Your county motor vehicle office can give the amount for your car.
- Lien filing fee: $40, only if a new lien is added.
- Late fees: $25 per month, up to $100, for vehicles not registered within 60 days. Colorado law gives a new owner 60 days to apply for a title. If you are not planning to drive or register the car, ask the county office whether late fees apply.
Sales tax. Colorado sales tax applies to sales made for payment, and the Department of Revenue says someone who receives a car as a gift does not owe sales or use tax. No official source we found addresses inherited cars directly, and we found no exemption form for them. Contact your county motor vehicle office to confirm how it handles an inherited car and whether it needs proof the deceased owner paid tax. Taking over a loan on the car is a taxable sale on the loan balance.
Where to Go
The Colorado DMV says all title transfers from a deceased owner must be completed at your county motor vehicle office. The DMV's county offices page lists offices for all 64 counties.
- Online: some county transactions can be started through myDMV, but no official source says a deceased-owner title transfer can be done online.
- By mail: the state DMV does not say whether counties accept these transfers by mail. Contact your county office to confirm.
- Appointments: some counties may not be open on Fridays or may be appointment-only. Check your county's website before you go.
It also helps to ask whether the office needs a certified death certificate or will accept a copy.
Selling the Car Instead
The person with legal authority signs the title as seller: the surviving joint owner, the DR 2009 beneficiary once the car is in their name, the successor(s) using a DR 2712, or the court-appointed personal representative. The supporting papers (death certificate plus the DR 2712 or court letters) go with the title so the buyer can get a new one.
When selling, per the DMV's buying and selling page:
- Print and sign in the seller section. If more than one owner is named, all owners must sign.
- Complete the odometer disclosure for model year 2011 and newer vehicles, for the first 20 years.
- Give the buyer a bill of sale (DR 2173 or a written equivalent). It is required if the price is not on the title.
- If the car is more than 7 model years old and the buyer lives in an emissions-testing county, provide a new passing emissions certificate.
- Remove the plates. In Colorado, plates belong to the owner, not the vehicle.
- Within 5 days, use "Report Release of Liability" on myDMV.
The buyer has 60 days to title and register the car and pays sales tax on the purchase.
If probate is needed, our state probate guide walks through it.