If a certificate of death, verification of death document, or a certified copy thereof cannot be procured, an affidavit properly sworn to or affirmed by two or more persons of legal age having personal knowledge of the facts and having no record interest in the real property affected by the joint tenancy may be placed of record in the office of the county clerk and recorder of the county in which the real property is located. The affidavit shall include a statement that a certificate of death, verification of death document, or certified copy thereof cannot be procured, and the reason therefor, the legal description of the real property, the date and place of death of the deceased person, and a statement that the person referred to in the affidavit was at the time of death an owner of a joint tenancy interest in the real property. When recorded, the original affidavit, or a certified copy thereof, shall be accepted in all courts in the state of Colorado as prima facie proof of the death of the joint tenant and the date and place of death of the joint tenant. The affidavit provided for in this section may also be used to provide proof of the death of a life tenant or any other person whose record interest in real property terminates upon the death of the person and the date and place of death of the life tenant or other person to the same extent as a joint tenant as provided in this section.
Source: L. 23: p. 399, § 2. CSA: C. 92, § 2. CRS 53: § 118-2-3. C.R.S 1963: § 118-2-3. L. 2002: Entire section amended, p. 1037, § 86, effective June 1. L. 2006: Entire article amended, p. 241, § 1, effective July 1. L. 2014: Entire section amended, (HB 14-1073), ch. 30, p. 177, § 7, effective July 1.
Cross references: For certificate of death admitted as evidence of interest in real property, see § 38-35-112.