Wills, Trusts, and Probate in Colorado
Estate planning in Colorado is not just for the wealthy. Without a will, Colorado's intestacy laws decide who inherits your property — and that may not match your wishes. Here is what Colorado residents should know about wills, trusts, and probate.
Why a will matters
A will names who inherits your property, who manages your estate, and — critically for parents — who should care for your minor children. If you die without a will, Colorado's intestate succession statute directs the distribution of your assets and a court appoints an administrator. For parents of young children, naming a guardian is often the most important clause in the document.
What makes a Colorado will valid
A Colorado will must be in writing, signed by you, and witnessed by two people who are present when you sign. Colorado also recognizes self-proving affidavits, which streamline the probate process later. Handwritten wills are recognized in some situations but are a frequent source of litigation — a professionally drafted will is far safer.
When a trust makes sense
A revocable living trust lets you manage assets during your lifetime and pass them to heirs outside of probate, with more privacy and control than a will alone. Trusts are especially useful for real estate, blended families, inheritances for minors, and avoiding court supervision. They cost more to set up, so the benefits should outweigh the upfront expense for your situation.
How probate works in Colorado
Probate is the court-supervised process of validating a will and distributing assets. Colorado offers informal probate, a streamlined administrative process, for many estates. Small estates below a state-set threshold — roughly $74,000, adjusted periodically, so confirm the current figure — can use a simplified affidavit process that avoids full court proceedings entirely.
Colorado's tax picture
Colorado does not impose a state estate or inheritance tax, though federal estate tax can apply to very large estates. Even without an estate tax, planning still matters: it gives you control, protects family harmony, and can keep your heirs out of lengthy court proceedings.
Keep beneficiary designations current
Life insurance, retirement accounts, and payable-on-death bank accounts pass by beneficiary designation — outside your will. Review them after major life events: marriage, divorce, the birth of a child, or a death in the family. Outdated designations routinely override a newer will.
Work with an estate planning attorney
A Denver estate planning lawyer drafts documents that meet Colorado's requirements, coordinates your beneficiary designations, and can add financial and medical powers of attorney — the documents that protect you while you are alive, not just after. It is one of the most cost-effective legal investments most families can make.
General information, not legal advice
This guide is for general information only and does not constitute legal advice. Laws, fees, deadlines, and dollar limits change — and every situation is different. Consult a licensed Colorado attorney for advice about your specific case.