For most Montrose 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.
For a Montrose 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 Montrose 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.
A beneficiary deed names a beneficiary who receives Montrose 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.
Deeds and other real property documents for Montrose County are recorded with the County Clerk and Recorder at 317 South 2nd Street, Montrose, CO 81401. Phone: 1-970-249-3362 ext. 2. Hours: Monday, Wednesday 7:30 AM-5:30 PM; Tuesday, Thursday 7:00 AM-5:30 PM.
The County Clerk and Recorder charges $43 flat, regardless of page count. A 2-page beneficiary deed costs $43 to record in Montrose County. A beneficiary deed is exempt from transfer tax.
Montrose County accepts electronic recording through Simplifile.
Recording Office Record
Montrose County
Hours
Office
Website
E-recording
Fees
Recording fees
| Flat fee (any length) | $43 |
| Transfer tax on a TOD deed | TOD 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
FirmMontrose, CO
Serves Montrose and the Western Slope from a Montrose office. Attorney Mindi L. Conerly-Millican handles estate planning and probate administration and litigation, and Ryan F. Callahan handles complex estate litigation alongside property disputes and real estate and business transactions.
PracticesEstate PlanningProbateProbate LitigationBusiness Lawand 2 more
Solo PracticeCrested Butte, CO
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
Solo PracticeMontrose, CO
Serves the Western Slope, including Delta, Montrose, and Ouray, from a Montrose office. Attorney Carol Viner handles probate matters, elder law, and wills and trusts, along with real estate and business transactions. Estate planning is available for a flat fee; consultations are charged.
PracticesEstate PlanningProbateElder LawBusiness LawReal Estate
Solo PracticeMontrose, CO
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
FirmGlenwood Springs, CO
Serves Western Colorado from Glenwood Springs, from Aspen and Vail to Grand Junction, Montrose, Telluride, and Steamboat Springs. Guides personal representatives and beneficiaries through Colorado probate and estate administration, alongside wills, trusts, and living wills. Founded in 1953, the firm also practices water, real estate, and local government law.
PracticesEstate PlanningProbateTax PlanningBusiness Lawand 3 more
FirmGrand Junction, CO
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
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.
Data sourced from Colorado statutes and official state code. How we research.
Free forms for planning your estate in Colorado: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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.
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.
Estate planning articles for Colorado.
Estate planning articles for Colorado.
