Do I Need a Trust in Colorado?
Probate in Colorado takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
It depends on your estate size. In Colorado, estates with personal property of $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source, 10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after death. Above that line, probate takes 4 months to 6 months and costs about $26,082C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Colorado charges attorney fees of typically 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate, plus executor fees and court costs: about $26,082C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Colorado probate calculator.
Colorado allows estates with personal property of $88,000C.R.S. § 15-12-1201Verified Sep 8, 2026View source or less to use the Collection of Personal Property by AffidavitC.R.S. § 15-12-1201Verified Sep 8, 2026View source, which avoids full probate administration. The Collection of Personal Property by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 10 daysC.R.S. § 15-12-1201Verified Sep 8, 2026View source after death. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Colorado typically take 4 months to 6 months through probate; average estates 6 months to 9 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Colorado avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 4 months to 6 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Colorado trust vs. will comparison.
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Learn moreForms 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.
Pour-Over Will
In Colorado, a pour-over will is signed before 2C.R.S. § 15-11-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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.
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.
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.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
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.
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 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.
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.
Trust or Will: Which Costs Less?
In Colorado, a will-based plan pays probate attorney fees of typically 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Colorado, four years at a public university cost about $95,372NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo Colorado estate or inheritance tax is payable. The Colorado Estate Tax Law (C.R.S. § 39-23.5-103) imposes a tax equal to the federal credit for state death taxes under IRC § 2011 (C.R.S. § 39-23.5-102(6)); that federal credit was eliminated, so the tax computes to $0 and no Colorado estate tax filing is required for deaths after December 31, 2004 — and independently, C.R.S. § 39-23.5-107(3) provides that "[n]o Colorado return need be filed if the gross estate or generation-skipping transfer does not require the filing of a federal return." The statute remains on the books rather than repealed — a "pick-up" tax that would revive if Congress restored the federal credit. Colorado replaced its 1927 inheritance tax with the estate tax in 1980 and has no inheritance tax.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Colorado automatically revokes an ex-spouse as beneficiary at divorceC.R.S. § 15-11-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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Colorado Estate Planning Resources
In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.