Revocable Living Trusts in Colorado
How revocable living trusts work under Colorado law and the other ways to pass property without probate.
Short answer: Colorado adopted the Uniform Trust Code as the Colorado Uniform Trust Code, effective January 1, 2019. C.R.S. §§ 15-5-101, 15-5-602
| Revocable living trust | Colorado adopted the Uniform Trust Code as the Colorado Uniform Trust Code, effective January 1, 2019. For trusts created by instruments signed on or after August 7, 2013, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by substantially following the method in the trust or, if that method is not exclusive, by any other method showing clear and convincing evidence of intent. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may need probate or a small estate affidavit. Source: C.R.S. §§ 15-5-101, 15-5-602 |
|---|---|
| Ways to avoid probate | Non-probate options in Colorado include: beneficiary deeds for real estate, recorded before death (C.R.S. § 15-15-402 and following); payable-on-death and joint survivorship accounts (C.R.S. §§ 15-15-212, 15-15-223); transfer-on-death registration of securities (C.R.S. § 15-15-301 and following); a Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) for vehicles, completed by the owner before death; joint tenancy with right of survivorship; property in a funded revocable trust (C.R.S. § 15-5-602); and the small estate affidavit for personal property up to $88,000 for 2026 deaths (C.R.S. § 15-12-1201). |
More Colorado estate law
- Medical Power of Attorney in Colorado
- Small Estate Affidavit in Colorado
- Power of Attorney in Colorado
- Quitclaim Deeds and Transferring Property in Colorado
- Who Inherits If You Die Without a Will in Colorado
- How to Make a Valid Will in Colorado
- How Probate Works in Colorado
- Living Wills and Advance Directives in Colorado
- Executor Duties in Colorado
- Letters Testamentary in Colorado
- Affidavit of Heirship in Colorado
- How to Avoid Probate in Colorado
- Transferring a Car After Someone Dies in Colorado
- All Colorado wills, probate and estate rules
FAQ
How do living trusts work in Colorado?
Colorado adopted the Uniform Trust Code as the Colorado Uniform Trust Code, effective January 1, 2019. For trusts created by instruments signed on or after August 7, 2013, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by substantially following the method in the trust or, if that method is not exclusive, by any other method showing clear and convincing evidence of intent. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may need probate or a small estate affidavit.
How can you avoid probate in Colorado?
Non-probate options in Colorado include: beneficiary deeds for real estate, recorded before death (C.R.S. § 15-15-402 and following); payable-on-death and joint survivorship accounts (C.R.S. §§ 15-15-212, 15-15-223); transfer-on-death registration of securities (C.R.S. § 15-15-301 and following); a Transfer of Title Upon Death Designated Beneficiary Form (DR 2009) for vehicles, completed by the owner before death; joint tenancy with right of survivorship; property in a funded revocable trust (C.R.S. § 15-5-602); and the small estate affidavit for personal property up to $88,000 for 2026 deaths (C.R.S. § 15-12-1201).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.