Brought to you by a coalition of Colorado non-profits dedicated to equal access for all Coloradans

Designated Beneficiary Agreements

Overview:

Designated beneficiary agreements provide a tool for estate planning, giving Coloradans access to a low-cost and convenient method for making plans for end-of-life decisions, inheritance, and other protections related to health care and medical emergencies. They provide the opportunity for two unmarried adults to designate one another as the person entitled to certain financial protections and decision-making powers in major life events.

1. Fill Out the Form
Print the Designated Beneficiary Agreement form from the website this website. The organizations in the coalition as well as attorneys who specialize in estate planning issues may have forms available. Note that your Clerk and Recorder may not have forms available at their offices.

2. Carefully review the disclaimer noting additional steps required to complete some of your intentions.

3. Complete the entire form
Make sure to provide full legal name and address for both parties, and initials in the blanks on the left side of the form for those protections you wish to grant and on the right side of the form for those protections you wish to withhold.

4. Notarize
Reviewing the selections made, sign the document in front of a notary public. Many banks will have someone available to notarize the document. The staff at the Clerk and Recorder’s office may be able to do this for you for an additional charge.

5. File
Most Clerk and Recorder’s offices will allow documents to be filed and recorded via mail or in person. The document must be recorded in the county where one of the members of the party resides.

6. Fee
Payment will need to be made by check or cash — generally credit cards are not accepted. The fee schedule for filing the agreement is set by statute and is calculated based on number of pages recorded and other services rendered (such as notarization). Pursuant to Colorado Revised Statutes 30-1-103,

  • $5 for each page recorded
  • $1 for each certified copy
  • $2 for notarizing the agreement

Pursuant to Colorado Revised Statutes 24-72-205

  • No more than $.25 for each page copied

The Clerk and Recorder will issue two certified copies showing the date and time their office received the agreement for recording and at that time the agreement will be deemed effective.

DISCLAIMER: Nothing contained within this instruction sheet is intended to serve as legal advice. Each situation of estate planning concerns varying factual differences. Please seek an attorney’s guidance if you have additional questions.