Colorado Warranty Deed
A Colorado warranty deed guarantees clear title and defends the buyer, using the statutory warrant the title covenants and the county clerk and recorder.
Introduction
When Colorado overhauled its deed law in 2019, House Bill 19-1098 pulled all four statutory deed forms into a single section, Colorado Revised Statutes Section 38-30-113, and set the general warranty deed at the front as form (1)(a). What turns a Colorado deed into a warranty deed is one clause: after the granting words sell(s) and convey(s), the deed adds the words and warrant(s) the title to the same. A deed in substantially that form is, by statute, a warranty deed with covenants of warranty. Those covenants, listed in Section 38-30-113(4)(a), come to three: that the grantor was lawfully seized of an indefeasible estate in fee simple with the right to convey, that the property is free of encumbrances except as stated, and that the grantor will defend the title against all persons who may claim it. That last promise is the reason to buy under a warranty deed rather than a quitclaim, which carries no covenants and passes only whatever interest the seller happens to hold. A general warranty deed defends even against defects that predate the seller; a special or limited warranty deed narrows the promise to the seller's own years of ownership. Once signed, the deed goes to the county clerk and recorder of the county where the land sits (Section 38-35-109(1)). DocDraft assembles your Colorado warranty deed from your facts, with attorney review available before you record.
Key Things to Know
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House Bill 19-1098 rewrote Colorado's deed statute in 2019, gathering the general warranty, special warranty, bargain and sale, and quitclaim forms into one section, Colorado Revised Statutes Section 38-30-113, with the general warranty deed sitting first as form (1)(a). It is the standard full-protection instrument for a Colorado sale.
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The words that create the warranty are and warrant(s) the title to the same, added after the granting words sell(s) and convey(s) (Section 38-30-113(1)(a)). By statute that language makes the deed a warranty deed with covenants of warranty, and Section 38-30-113(4)(a) names three: lawful seizin of an indefeasible fee simple estate with the right to convey, freedom from encumbrances except as stated, and a promise to defend the grantee's quiet possession against all persons who may claim the title.
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General versus special comes down to five words. A special or limited warranty deed tacks on against all persons claiming under me (Section 38-30-113(1)(b)), shrinking the promise to defects that arose while the grantor held title, whereas the general form covers every defect, even ones predating the grantor. A bargain and sale deed conveys with no words of warranty (Section 38-30-113(1)(c)), and a quitclaim gives no covenants and passes no after-acquired title (Section 38-30-113(1)(d)).
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Recording happens at the county clerk and recorder for the county where the property is located (Section 38-35-109(1)). Colorado is a race-notice state, so the first good-faith buyer to record generally wins, and a deed dated after January 1, 1977 has to carry the grantee's legal address on its face (Section 38-35-109(2)).
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Only the grantor's signature is mandatory (Section 38-10-106). Colorado asks for no subscribing witnesses, and while the statute merely says a deed may be acknowledged (Section 38-30-113(2)) and an unacknowledged recorded deed still gives notice (Section 38-35-106), a notarial acknowledgment is what title companies and clerks expect, so treat it as required in practice.
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Colorado charges a documentary fee, not a transfer tax: one cent, or 0.01 dollars, for every 100 dollars of consideration, and nothing at all when the consideration is 500 dollars or less (Section 39-13-102). The county clerk and recorder collects it. Every conveyance also needs a Real Property Transfer Declaration, form TD-1000, filed with the deed and passed along to the county assessor (Section 39-14-102(1)(a)).
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Because Colorado is not a community property state, an owner whose home is covered only by the automatic statutory homestead can convey on a single signature. Record a homestead declaration, though, and both spouses must sign to convey or encumber the property (Section 38-35-118(1); Section 38-41-202(3) and (4)).
Key decisions before you file
Before you file a Warranty Deed in Colorado, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Colorado in about a minute, and notarize it online through DocDraft if it does.
Colorado Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Colorado codifies a general warranty deed: under Colorado Revised Statutes Section 38-30-113(1)(a), a deed granting with sell(s) and convey(s) plus the words and warrant(s) the title to the same is a warranty deed with covenants of warranty. Section 38-30-113(4)(a) lists them: lawful seizin in fee simple with the right to convey, freedom from encumbrances except as stated, and a promise to defend the title against all persons who may claim it.
A general warranty deed defends against all title defects, including those predating the grantor. A special (limited) warranty deed adds and warrant(s) the title to the same against all persons claiming under me, limiting the promise to the grantor own ownership (Section 38-30-113(1)(b)). A bargain and sale deed conveys with no words of warranty (Section 38-30-113(1)(c)), and a quitclaim gives no covenants and passes no after-acquired title (Section 38-30-113(1)(d)).
Record the signed, notarized deed with the county clerk and recorder of the county in which the real property is situated (Section 38-35-109(1)). Colorado follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser. A deed dated after January 1, 1977 must show the grantee legal address (Section 38-35-109(2)). Record promptly to protect your interest.
The grantor must sign the deed (Section 38-10-106). Acknowledgment before a notary is the standard, safe practice that title companies and clerks expect; the statute itself is permissive, saying a deed may be acknowledged (Section 38-30-113(2)), and a recorded but unacknowledged deed still gives notice (Section 38-35-106). Colorado does not require subscribing witnesses for a deed. Notarize before recording.
Colorado imposes a documentary fee of 0.01 dollars for each 100 dollars of consideration, with no fee when the consideration is 500 dollars or less, paid to the county clerk and recorder at recording (Section 39-13-102). A Real Property Transfer Declaration (form TD-1000) must accompany the deed and is forwarded to the county assessor (Section 39-14-102(1)(a)). Gifts and government-party transfers can be exempt from the fee (Section 39-13-104).
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed before you sign.
Colorado is not a community property state. A homestead protected only by the automatic statutory homestead may be conveyed on the owner signature alone. But if a homestead declaration has been recorded in the county clerk and recorder office, both spouses must sign to convey or encumber the property (Section 38-35-118(1); Section 38-41-202(3) and (4)). Confirm whether a declaration is on record before signing.
Colorado recording documents must have a top margin of at least one inch and left, right, and bottom margins of at least one-half inch; the clerk and recorder may refuse a nonconforming document (Section 30-10-406(3)(a)). Include the grantee legal address on the face of the deed (Section 38-35-109(2)). Confirm current formatting rules and fees with the specific county clerk and recorder before you submit.
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Check my Warranty DeedFrequently Asked Questions
In Colorado both deeds live in the same statute, Colorado Revised Statutes Section 38-30-113, yet they sit at opposite ends of it. The general warranty deed, form (1)(a), adds and warrant(s) the title to the same and carries the covenants of Section 38-30-113(4)(a), so the seller guarantees clear title and agrees to defend the buyer against claims. The quitclaim, form (1)(d), is a deed without covenants of warranty: it passes only the interest the seller actually holds and no after-acquired title. That is why arm's-length Colorado sales run on warranty deeds while quitclaims stay between people who already trust each other, such as spouses or family.
Three covenants, all set out in Colorado Revised Statutes Section 38-30-113(4)(a). First, that the grantor was lawfully seized of an indefeasible estate in fee simple and had the right to convey it. Second, that the property was free and clear of all encumbrances except those the deed names. Third, that the grantor will defend the grantee's quiet and peaceable possession against all persons who may claim the title. It is that third covenant, reaching back even to defects that arose before the grantor owned the land, that makes the general warranty deed the strongest title protection a Colorado buyer can get.
A warranty deed. Colorado never adopted the California-style grant deed; instead House Bill 19-1098 placed four forms in Colorado Revised Statutes Section 38-30-113: general warranty (1)(a), special warranty (1)(b), bargain and sale (1)(c), and quitclaim (1)(d). The general warranty deed, which grants with sell(s) and convey(s) and warrants the title to the same, is the form a Colorado buyer reaches for when they want full title protection on a sale.
Take the signed, notarized deed to the county clerk and recorder for the county where the property sits (Colorado Revised Statutes Section 38-35-109(1)). Bring the Real Property Transfer Declaration, form TD-1000, and be ready to pay the documentary fee. Colorado runs on race-notice priority, so a deed recorded first generally beats a later one from a good-faith purchaser, which is the reason to record without delay. Make sure the grantee's legal address appears on the deed, required for anything dated after January 1, 1977 (Section 38-35-109(2)).
No. Colorado lets an individual prepare and record their own warranty deed without an attorney. The catch is that a deed moves title, and an error in the legal description, the covenants, or how the grantee takes ownership can be slow and costly to unwind, so a review before recording is a common precaution. DocDraft builds your Colorado warranty deed from the facts you enter, with attorney review available as an option before you record.
Witnesses are not part of a Colorado deed; the statute requires none. The grantor's signature is the one hard requirement (Colorado Revised Statutes Section 38-10-106). On notarization the statute is worded softly, saying a deed may be acknowledged (Section 38-30-113(2)), and even an unacknowledged recorded deed still gives notice (Section 38-35-106). In everyday practice, though, title companies and county clerks expect a notarial acknowledgment, so notarize your Colorado deed before you record it.
Colorado does not use the words transfer tax; it charges a documentary fee. The rate is 0.01 dollars for every 100 dollars of consideration, dropping to nothing when the consideration is 500 dollars or less, and the county clerk and recorder collects it at recording (Colorado Revised Statutes Section 39-13-102). Alongside it you file the Real Property Transfer Declaration, form TD-1000, which the clerk forwards to the county assessor (Section 39-14-102(1)(a)). Gifts and transfers with a government body on one side can be exempt from the fee (Section 39-13-104).
The dividing line is five words. A special or limited warranty deed adds and warrant(s) the title to the same against all persons claiming under me (Colorado Revised Statutes Section 38-30-113(1)(b)), which caps the warranty at claims arising during the grantor's own ownership. A general warranty deed leaves those words out and defends against every claim, including defects that predate the grantor. Colorado buyers usually want the general form; the special form shows up when the seller is an estate, a trustee, or a company willing to stand behind only its own years of ownership.