Colorado living trusts & estate documents

Living trust law in Colorado

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Colorado, trusts are governed by the Colorado Uniform Trust Code, C.R.S. Title 15, Article 5.

Avoiding probate in Colorado

Probate in Colorado is governed by the Colorado Probate Code, C.R.S. Title 15 and handled by the District Court — or, in Denver, the separate Denver Probate Court. Colorado (UPC) allows informal, unsupervised administration.

Colorado allows collection of personal property by affidavit when the estate, less liens, is under a limit adjusted annually by year of death — $86,000 for deaths in 2025 and $88,000 for deaths in 2026 (C.R.S. § 15-12-1201). That simplified procedure is set out in Collection by affidavit, C.R.S. §15-12-1201. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Colorado homeowners in particular set one up. Colorado also authorizes a beneficiary deed (Colo. Rev. Stat. § 15-15-401 et seq.) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In Colorado, creditors generally have the notice period (at least 4 months from first publication), with a 1-year outside bar from death to file claims against the estate (C.R.S. § 15-12-803) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Colorado

Colorado imposes no estate tax and no inheritance tax: Colorado has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Colorado

A surviving spouse in Colorado who is left out of the will can instead claim an elective share of 50% of the marital-property portion of the augmented estate, which rises with the length of the marriage under Colo. Rev. Stat. § 15-11-202 — a protection the will itself cannot override.

Colorado also sets aside exempt property of $30,000 (inflation-adjusted) plus a reasonable family allowance for a surviving spouse and minor children (Colo. Rev. Stat. § 15-11-403), protected ahead of most creditors.

Signing your Colorado documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive either before a Notary Public or in the presence of two adult witnesses. The form lists who may not serve as a witness — follow it exactly.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Colorado — follow those as the authoritative guide.

Serving all of Colorado

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