(1) An owner may revoke a beneficiary deed by executing an instrument that describes the real property affected, that revokes the deed, and that is recorded prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. The joinder, signature, consent, agreement of, or notice to, the grantee-beneficiary is not required for the revocation to be effective. A revocation may be in substantially the following form:
REVOCATION OF BENEFICIARY DEED
(§§ 15-15-401 et seq., Colorado Revised Statutes)
CAUTION: THIS REVOCATION MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
____________________________, as grantor, hereby
(Name of grantor)
REVOKES all beneficiary deeds concerning the following described real property located in the County of
__________, State of Colorado:
(insert legal description here)
Known and numbered as _______________ Executed this __________.
(Date)
_________________________________ (Grantor)
A subsequent beneficiary deed revokes all prior grantee-beneficiary designations by the owner for the described real property in their entirety even if the subsequent beneficiary deed fails to convey all of the owner's interest in the described real property. The joinder, signature, consent, or agreement of, or notice to, either the original or new grantee-beneficiary is not required for the change to be effective.
The most recently executed beneficiary deed or revocation of all beneficiary deeds or revocations that have been recorded prior to the owner's death shall control regardless of the order of recording.
A beneficiary deed that complies with the requirements of this part 4 may not be revoked,altered, or amended by the provisions of the will of the owner.
Source: L. 2004: Entire part added, p. 729, § 1, effective August 4.