How is a revocable trust made in Colorado?

A trust is created when a settlor with capacity indicates the intention to create one, names a definite beneficiary and gives the trustee duties (C.R.S. §15-5-402). A trust of land must be in a signed writing (§38-10-106), and an oral trust can be proved only by clear and convincing evidence (§15-5-407).

Can I change or revoke my Colorado trust?

Unless the trust's terms expressly say it is irrevocable, the settlor may revoke or amend it — for a trust created under an instrument executed on or after August 7, 2013 (C.R.S. §15-5-602). While it is revocable, the trustee's duties are owed to the settlor alone (§15-5-603).

What happens to a Colorado revocable trust when the settlor dies?

It becomes irrevocable and the successor trustee takes over. Within 60 days after learning of it, the trustee notifies the qualified beneficiaries (C.R.S. §15-5-813(2)(c)), and the trust's property can answer for the estate's allowed claims and allowances to the extent the probate estate cannot (§15-15-103).

The Colorado Revocable Living Trust, Explained

Wondering whether a revocable living Trust fits your situation? A free role check shows you where you stand.

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What a revocable living Trust is

A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.

What it does well in Colorado

Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court conservatorship.
Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
Lets you stay in control — you can amend or revoke it anytime while you have capacity.

What a revocable living Trust does NOT do

Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Colorado attorney.

The step people miss: funding the Trust

A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Colorado attorney.

Is a revocable living Trust right for you in Colorado?

There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can show you where you stand, and a Colorado attorney can recommend what fits your situation.

General information about Colorado law, not legal advice.

Frequently asked questions

How is a revocable trust made in Colorado?: A trust is created when a settlor with capacity indicates the intention to create one, names a definite beneficiary and gives the trustee duties (C.R.S. §15-5-402). A trust of land must be in a signed writing (§38-10-106), and an oral trust can be proved only by clear and convincing evidence (§15-5-407).
Can I change or revoke my Colorado trust?: Unless the trust's terms expressly say it is irrevocable, the settlor may revoke or amend it — for a trust created under an instrument executed on or after August 7, 2013 (C.R.S. §15-5-602). While it is revocable, the trustee's duties are owed to the settlor alone (§15-5-603).
What happens to a Colorado revocable trust when the settlor dies?: It becomes irrevocable and the successor trustee takes over. Within 60 days after learning of it, the trustee notifies the qualified beneficiaries (C.R.S. §15-5-813(2)(c)), and the trust's property can answer for the estate's allowed claims and allowances to the extent the probate estate cannot (§15-15-103).

General information about Colorado law, not legal advice.