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Home→Tools→Trust or Will Decision Tool→Colorado

Should You Get a Trust or a Will in Colorado?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

Colorado uses reasonable compensation for probate fees, typically 2-4% of the estate value.C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified May 30, 2026 A trust avoids probate entirely and distributes assets faster than the 4-6 month probate timeline.

Probate in Colorado typically costs 2-4% of the estate value in attorney fees alone.C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified May 30, 2026 A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Colorado probate calculator.

No. A will must go through probate in Colorado. However, estates with personal property under $88,000 may qualify for Collection of Personal Property by Affidavit, which is faster and less expensive than full probate.C.R.S. § 15-10-602 (fees), § 15-12-1201 (small estate), § 15-12-801 (creditor claims), § 15-12-603 (bond), CO DoR Probate_Index_2026, Colorado Judicial Branch JDF 998 (R: March 19, 2026), JDF 943SC, JDF 906 (R: January 9, 2025)Verified May 30, 2026

Simple estates in Colorado typically take 4-6 months through probate. Complex or contested estates can take 9-18 months or longer.C.R.S. § 15-10-602 (fees), § 15-12-1201 (small estate), § 15-12-801 (creditor claims), § 15-12-603 (bond), CO DoR Probate_Index_2026, Colorado Judicial Branch JDF 998 (R: March 19, 2026), JDF 943SC, JDF 906 (R: January 9, 2025)Verified May 30, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

Yes. A will becomes a public court record once it enters probate in Colorado. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Colorado probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.C.R.S. § 15-10-602 (fees), § 15-12-1201 (small estate), § 15-12-801 (creditor claims), § 15-12-603 (bond), CO DoR Probate_Index_2026, Colorado Judicial Branch JDF 998 (R: March 19, 2026), JDF 943SC, JDF 906 (R: January 9, 2025)Verified May 30, 2026

Whether a trust is cost-effective depends on estate size, property types, and Colorado's probate costs. The Colorado trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Colorado

The will route in Colorado pays attorney fees on a reasonable-compensation basis, typically 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified May 30, 2026 to 4%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified May 30, 2026 of the estate. There's negotiation room, but probate still takes time. The trust route is a higher upfront effort (the trust has to be funded), in exchange for skipping that fee entirely. The Colorado probate calculator shows the dollar gap on your estate size; the Colorado will cost calculator covers what each provider charges to draft the will itself.

Estates under $88,000§ 15-12-1201Verified May 30, 2026 clear Colorado's small-estate procedure regardless of whether you used a trust or just a will. The decision matters above that threshold, when the will route exposes the estate to 4 monthsC.R.S. § 15-10-602Verified May 30, 2026-6 monthsC.R.S. § 15-10-602Verified May 30, 2026 of probate that a trust skips.

The will path puts Colorado probate filings into public court records, which means anyone curious can pull the inventory and the distribution. The trust path keeps the same details inside a private document. Cost is the obvious factor; privacy often ends up being the decisive one.

For families on the trust side of the line, the Colorado revocable trust builder is the next step. Not sure which side of the line you're on? The trust need assessment sorts that out first.

SimplyTrustSimplyTrust Editorial·Updated May 30, 2026

Legal Sources

  • § 15-12-1201
  • C.R.S. § 15-10-602
  • C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)

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

When you're ready, we're here.

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Colorado Estate Planning Resources

In-depth guides covering Colorado probate laws, trust requirements, and estate planning strategies.

$

Colorado Last Will and Testament

Colorado Revocable Living Trust

Nevada Revocable Living Trust

Estimated Net to Beneficiaries

$1,174,671

Estimated Net to Beneficiaries

$1,244,375

Estimated Net to Beneficiaries

$1,244,375

Create a Revocable Trust in 15 minutes

Probate fees are typically calculated on gross estate value before deducting debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.

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