Estate Planning for El Paso County, Colorado Property Owners

For most El Paso County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a El Paso County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a El Paso County home out of probate are a transfer-on-death deed recorded with the County Clerk and Recorder, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, El Paso County property passes through the District Court — even simple Colorado probates run 4+ months and start with $229 in filing fees. Colorado also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in El Paso County

A beneficiary deed names a beneficiary who receives El Paso County property automatically at the owner's death, without probate. It is recorded with the County Clerk and Recorder during the owner's lifetime and can be revoked at any time.

Before recording, a Colorado beneficiary deed is signed with notary acknowledgmentC.R.S. 15-15-401 to 15-15-415Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's deathC.R.S. 15-15-401 to 15-15-415Verified Oct 18, 2026View source.

Create a Colorado TOD deed →El Paso County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for El Paso County are recorded with the County Clerk and Recorder at 1675 West Garden of the Gods Road, Suite 2201, Colorado Springs, CO 80907. Phone: 1-719-520-6200. Hours: Monday-Friday 8:00 AM-4:30 PM.

The County Clerk and Recorder charges $43 flat, regardless of page count. Recording a 2-page beneficiary deed in El Paso County comes to $43. A beneficiary deed is exempt from transfer tax.

El Paso County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.

Recording Office Record

County Clerk and Recorder

El Paso County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

1675 West Garden of the Gods Road, Suite 2201, Colorado Springs, CO 80907

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Fees

Recording fees

Flat fee (any length)$43
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

CRS 30-1-103(1) (recording fee, $40 flat); CRS 30-10-421(1)(b) (filing surcharge, $1); CRS 24-21-403(2) (electronic recording technology board surcharge, up to $2); CRS 39-13-102 (documentary fee); HB24-1269 (flat fee amendment)

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving El Paso County

Solo PracticeColorado Springs, CO

Beth Hunt Law, PLLC

Serves 1 county

Serves El Paso County from a Colorado Springs office. Attorney Beth Sparks Hunt handles probate and estate administration, transfers of property, and taxation matters after a death, along with wills, trusts, and powers of attorney. She has over 27 years of experience as an estate planner and holds an AV Preeminent rating from Martindale-Hubbell.

PracticesEstate PlanningProbateTax Planning

Office
660 Southpointe Court, Suite 210Colorado Springs, CO 80906

FirmColorado Springs, CO

Goines Law

Since 2018 · Serves 1 county

Serves El Paso County from Colorado Springs. Handles probate and trust administration, court appointment of guardians and conservators, and special needs planning, and drafts wills, trusts, and powers of attorney. Offers free consultations, in person or virtually.

PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 3 more

Office
12295 Oracle Blvd, Suite 230Colorado Springs, CO 80921
Free consultationVirtual consultations

FirmColorado Springs, CO

Peakstone Law, LLC

Serves 5 counties

Serves El Paso, Pueblo, Teller, Park, and Fremont counties from Colorado Springs. Represents professional fiduciaries and family members serving as personal representatives, handles creditor claims, trust administration, conservatorships and guardianships, and litigates will contests and inheritance disputes. Formerly Patterson Weaver Law, LLC; offers free, confidential consultations.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 8 more

Office
5475 Tech Center Drive, Suite 210Colorado Springs, CO 80919
Free consultation

Solo PracticeColorado Springs, CO

Schroer & Williams Law Offices, PLLC

Serves 1 county

Serves El Paso County from a Colorado Springs office. Attorney Ron Williams handles probate and estate administration, trust administration, and adult guardianships and conservatorships, along with wills and trusts. A retired Air Force judge advocate, he offers free initial consultations and evening or weekend appointments on request.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
7045 Campus Drive, Suite 103Colorado Springs, CO 80920
Free consultation

Solo PracticeColorado Springs, CO

The Law Office of Kevin R. Hancock LLC

Serves 3 counties

Serves the Front Range, including Colorado Springs, Monument, Denver, and Pueblo, from Colorado Springs. Handles probate with or without a will, small estate transfers, and trust administration for trustees, and drafts wills, trusts, powers of attorney, and living wills.

PracticesEstate PlanningTrust AdministrationProbate

Office
13570 Meadowgrass Drive, Suite 120Colorado Springs, CO 80921

Solo PracticeDenver, CO

Don A. McCullough, Attorney at Law

Serves 9 counties

Serves the Denver metropolitan area and other Colorado cities from an office on South Cherry Street in Denver. Attorney Don A. McCullough handles wills, trusts, and probate alongside business, contract, and real estate matters. He has practiced law for more than 35 years and is an inactive Certified Public Accountant.

PracticesEstate PlanningProbateBusiness LawReal Estate

Office
950 S. Cherry Street, Suite 418Denver, CO 80246
See all 26 firms serving El Paso County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Colorado statutes and official state code. How we research.

Forms for Planning Your Estate in Colorado

Free forms for planning your estate in Colorado: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Last Will and Testament

In Colorado, a will is signed before 2C.R.S. § 15-11-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyC.R.S. § 15-11-502Verified Oct 18, 2026View source.

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Codicil to a Will

In Colorado, a codicil is signed before 2C.R.S. § 15-11-502Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyC.R.S. §§ 15-10-201(59), 15-11-504Verified Oct 25, 2026View source.

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Free

Healthcare Power of Attorney

Colorado allows a choice for a healthcare power of attorney: 2C.R.S. § 15-18-106 (no separate statutory form; execution requirements only)Verified Oct 15, 2026View source witnesses or a notary.

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Free

HIPAA Release

In Colorado, a HIPAA release names who may receive your records; the state regulates mental health recordsColo. Rev. Stat. § 27-65-123(1)(b) (L. 2022: HB 22-1256, ch. 451, p. 3198, § 1)Verified Jun 20, 2026View source above the federal rule, and the document carries each rule.

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Financial Power of Attorney

Colorado treats a power of attorney as durable by defaultC.R.S. § 15-14-705 (execution); § 15-14-704 (durability); § 15-14-706 (validity/choice of law); § 15-14-707 (choice of law); § 15-14-709 (springing); § 15-14-713 (agent acceptance); § 15-14-719-720 (third-party protections); § 15-14-724 (hot powers); § 15-14-741 (statutory form); § 15-14-742 (agent certification); § 38-30-123 (mandatory recording of POA used to convey real property); § 38-30-124 (acknowledgment of real-property POA, permissive); § 38-35-109(1) (race-notice recording); § 13-22-101 (age of majority 18)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementC.R.S. § 15-14-705 (execution); § 15-14-704 (durability); § 15-14-706 (validity/choice of law); § 15-14-707 (choice of law); § 15-14-709 (springing); § 15-14-713 (agent acceptance); § 15-14-719-720 (third-party protections); § 15-14-724 (hot powers); § 15-14-741 (statutory form); § 15-14-742 (agent certification); § 38-30-123 (mandatory recording of POA used to convey real property); § 38-30-124 (acknowledgment of real-property POA, permissive); § 38-35-109(1) (race-notice recording); § 13-22-101 (age of majority 18)Verified Sep 18, 2026View source.

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Transfer on Death Deed

In Colorado, a beneficiary deed is signed before a notaryC.R.S. 15-15-401 to 15-15-415Verified Oct 18, 2026View source, then recorded with the county before the owner's deathC.R.S. 15-15-401 to 15-15-415Verified Oct 18, 2026View source. Colorado does not recognize a Lady Bird deed.

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Vehicle Transfer on Death

Colorado allows a transfer-on-death beneficiary designation on a vehicle titleColo. Rev. Stat. 42-6-110.5Verified Oct 21, 2026View source, filed through the Colorado Division of Motor Vehicles, Department of Revenue (title transfers are processed through county motor vehicle offices) using Form DR 2009.

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Free

Living Will

In Colorado, the living will is the Declaration as to Medical TreatmentC.R.S. Title 15, Article 18 (§§ 15-18-101 to 15-18-113), Colorado Medical Treatment Decision ActVerified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

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Tools for Planning Your Estate in Colorado

Free tools for planning your estate in Colorado: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

How Do I Sign Estate Documents?

In Colorado, a will is signed before 2C.R.S. § 15-11-502Verified Oct 18, 2026View source witnesses, and notarization is not requiredC.R.S. § 15-11-502Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Colorado recognizes a will signed under the law of the place where it was signedC.R.S. § 15-11-506Verified Oct 18, 2026View source; a will signed in Colorado itself needs 2C.R.S. § 15-11-502Verified Oct 18, 2026View source witnesses, and notarization is not requiredC.R.S. § 15-11-502Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Colorado, a will-based plan pays probate attorney fees of typically 2%Modeled estimate under C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Colorado runs $3,390Estimate: 10 hours at $339, Clio's Colorado Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,085Estimate: 15 hours at $339, Clio's Colorado Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Colorado runs $1,044Estimate: 3 hours at $348, Clio's Colorado Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,088Estimate: 6 hours at $348, Clio's Colorado Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,082C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Colorado, a parent names a guardian for a minor child in a will or a separate signed writingColo. Rev. Stat. §§ 15-14-202, 15-14-203, 15-14-204, 15-14-206; § 15-14-413 (conservator priority, estate side)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Colo. Rev. Stat. § 15-10-201(32) ("Minor" means a person who is under eighteen years of age)Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Colorado takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2%Modeled estimate under C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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