Estate Planning for Gunnison, Colorado Property Owners

For most Gunnison 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 Gunnison County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Combined Court. The two tools that keep a Gunnison 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.

Skipping this planning step means the Combined Court decides who receives the property: a simple Colorado probate takes 4+ months and opens with $229 in court 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 Gunnison County

A beneficiary deed names a beneficiary who receives Gunnison 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 →Gunnison County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Gunnison County are recorded with the County Clerk and Recorder at 221 North Wisconsin Street, Suite C, Gunnison, CO 81230. Phone: 1-970-641-2038. Hours: Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM.

The County Clerk and Recorder charges $43 flat, regardless of page count. A 2-page beneficiary deed costs $43 to record in Gunnison County. A beneficiary deed is exempt from transfer tax.

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

Recording Office Record

County Clerk and Recorder

Gunnison County

Hours

Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM

Office

221 North Wisconsin Street, Suite C, Gunnison, CO 81230

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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 Gunnison County

Solo PracticeCrested Butte, CO

Huckstep Law LLC

Serves 4 counties

Serves Western Slope communities including Crested Butte, Gunnison, Lake City, Montrose, and Telluride from Crested Butte. Counsels executors, administrators, and trustees through probate and estate administration, from inventorying property to settling debts and distributing assets, and handles trust administration, estate litigation, wills, and trusts. Attorney Aaron Huckstep is also a CPA.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
426 Belleview Avenue, Suite 303Crested Butte, CO 81224

FirmGunnison, CO

Law of the Rockies

Serves 1 county

Serves Gunnison County from offices in Gunnison and Crested Butte. Probate work ranges from small-estate distributions by affidavit and ancillary administration of Colorado real property owned by non-residents to formal estate proceedings. Associate Tess Clouse leads the estate planning and probate practice, covering wills, trusts, powers of attorney, and elder law.

PracticesEstate PlanningProbateElder LawBusiness Lawand 3 more

Office
525 N Main StGunnison, CO 81230

FirmGunnison, CO

Schumacher & O'Loughlin, LLC

Serves 1 county

Serves Gunnison, Crested Butte, and the Western Slope from a Gunnison office. Handles probate matters and drafts wills, trusts, powers of attorney, and living wills, alongside real estate, civil litigation, and local government work. Attorney Michael O'Loughlin serves as County Attorney for Hinsdale and Mineral counties.

PracticesEstate PlanningProbateCivil LitigationReal Estate

Office
232 W Tomichi Ave, Suite 204Gunnison, CO 81230

Solo PracticeMontrose, CO

Weaver & Fitzhugh, P.C.

Serves 6 counties

Serves Montrose, Ridgway, Ouray, Telluride, Gunnison, Delta, and Lake City from offices in Montrose and Ridgway. Handles wills, trusts, and estates alongside real estate, small business, and construction matters, and offers mediation services.

PracticesEstate PlanningBusiness LawConstruction LawReal Estate

Office
330 S 5thMontrose, CO 81401

FirmGrand Junction, CO

Dufford Waldeck

Serves 2 counties

Serves Grand Junction, Montrose, and the surrounding areas from offices in both cities. Handles estate and trust administration and representation of fiduciaries, probate, claims against decedents, will contests and beneficiary litigation, and guardianships and conservatorships, alongside wills, trusts, and family farm, ranch, and business succession planning.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more

Office
744 Horizon Court, Suite 300Grand Junction, CO 81506

FirmBuena Vista, CO

JVAM Law (JVAM PLLC)

Serves 5 counties

Serves Chaffee, Pitkin, Garfield, Delta, and Grand counties from seven offices in Buena Vista, Salida, Aspen, Basalt, Glenwood Springs, Paonia, and Winter Park. Handles probate and trust administration and probate litigation for beneficiaries, personal representatives, and trustees, and builds wills, trusts, and succession plans. Managing partner Ann Jefferson leads the estate practice.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
315 W. Main StreetBuena Vista, CO 81211
See all 24 firms serving Gunnison 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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Estate planning articles for Colorado.