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Для родин після втрати

Що відбувається тепер?

Як трасті-наступник ви матимете певні обов'язки за законом Колорадо — повідомляти бенефіціарів, зберігати активи і зрештою звітувати. Вам не потрібно знати все це сьогодні. Ніщо не надсилається без вашої вказівки, і все залишається організованим для ліцензованого адвоката Колорадо на ваш вибір.

  • У перші день-два немає нічого термінового — подбайте про себе і свою родину.
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Коротка відповідь · 11 хв читання

After a Colorado settlor dies, the successor trustee takes control of the trust property (C.R.S. §15-5-809) and, within 60 days after learning the trust has become irrevocable, notifies the qualified beneficiaries (C.R.S. §15-5-813(2)(c)); the acceptance notice runs 60 days from the day the successor accepted (§15-5-813(2)(b)). Creditors, a spouse's elective share and the reports follow.

Востаннє звірено із законами Колорадо та оновлено: 2026-10-07.

The first week: decide, secure, and find the documents

The first days are about decisions and records, not distributions. Read the trust and every amendment and decide whether you will serve — a named trustee accepts by the trust's method or by taking over the property or acting as trustee, and one who does not accept within a reasonable time is treated as having rejected the trusteeship (C.R.S. §15-5-701). Without accepting, a named trustee may still act to preserve the trust property, if a rejection follows within a reasonable time (§15-5-701(3)).

Order certified death certificates, find the will, and note where it is: whoever has custody of a will delivers it to the court with probate jurisdiction in the county where the decedent lived, within ten days after the death or as soon after as the custodian learns of it (C.R.S. §15-11-516). Write down the date of death, the date you learned of it, and the date you accepted; Colorado's notices count from them.

The two 60-day notices

Colorado's statute provides for two notices to the qualified beneficiaries, each with its own clock. The irrevocability notice is due within 60 days after the trustee learns that the trust has become irrevocable: it tells them that the trust exists, who the settlor was, and that they may request the portions of the trust instrument that describe or affect their interest and receive a trustee's report (C.R.S. §15-5-813(2)(c)). The acceptance notice is due within 60 days after the trustee accepts: the acceptance, and the trustee's name, address and telephone number (§15-5-813(2)(b)). The two can be sent together where the dates allow.

The statute qualifies both. Neither applies to a trustee who accepted, or a trust that became irrevocable, before January 1, 2019 (C.R.S. §15-5-813(5)). The qualified beneficiaries are a class the statute defines by reference to the trust's own distributions (§15-5-103(16)), and a trust's terms cannot remove these notices for current distributees at any age or for other qualified beneficiaries who are 25 or older (§15-5-105(2)(h)). Notices may go by first-class mail, personal delivery, delivery to the last-known residence or place of business, or a properly directed electronic message (§15-5-109).

Строки довірчого власника у Колорадо: що передбачають закони

Звірено із законами Колорадо 2026-10-07. Загальна інформація, не юридична консультація; офіційний текст має пріоритет.

КолиСтрокЩо передбачає законКомуСтаття
You learn you are named successor trusteeNo fixed day-count. Not accepting within a reasonable time after knowing of the designation is a rejection of the trusteeship.Accept by substantially complying with the method the trust provides or — where it provides none, or its method is not exclusive — by accepting delivery of the trust property, exercising powers or performing duties as trustee. Without accepting, a named trustee may act to preserve the property if a rejection follows within a reasonable time.—C.R.S. §15-5-701 ↗
You acceptAt once and throughout; no day-count.Administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Colorado Uniform Trust Code.—C.R.S. §15-5-801 ↗
You acceptAt once and throughout; no day-count.Take reasonable steps to take control of and protect the trust property.—C.R.S. §15-5-809 ↗
You acceptThroughout; no day-count.Keep adequate records of the administration, keep trust property separate from your own, and have it designated as the trust's in records kept by others where feasible.—C.R.S. §15-5-810 ↗
You accept, or trust assets come to youWithin a reasonable time; the section gives no day-count.Review the trust assets and make and carry out decisions about keeping or disposing of them, to bring the portfolio into line with the trust's purposes, terms and distribution requirements and the prudent investor rule.—C.R.S. §15-1.1-104 ↗
You accept the trusteeshipWithin 60 days after accepting. The subsection does not apply to a trustee who accepted before January 1, 2019 (§15-5-813(5)).The statute provides for a notice to the qualified beneficiaries of the acceptance and of the trustee's name, address and telephone number.The qualified beneficiaries (§15-5-103(16)); a trust's terms cannot remove the notice for current distributees at any age or other qualified beneficiaries aged 25 or older (§15-5-105(2)(h))C.R.S. §15-5-813(2)(b) ↗
You learn the trust has become irrevocable — by the settlor's death or otherwise — or of an irrevocable trust's creationWithin 60 days after the date you learn of it. The subsection does not apply to a trust created irrevocable, or made irrevocable, before January 1, 2019 (§15-5-813(5)).The statute provides for a notice to the qualified beneficiaries of the trust's existence, the identity of the settlor or settlors, the right to request the portions of the trust instrument that describe or affect their interest, and the right to a trustee's report.The qualified beneficiaries (§15-5-103(16)), subject to the floor of §15-5-105(2)(h)C.R.S. §15-5-813(2)(c) ↗
A qualified beneficiary asks for the trust's termsPromptly.Furnish a copy of the portions of the trust instrument that describe or affect the requesting beneficiary's interest.The requesting qualified beneficiaryC.R.S. §15-5-813(2)(a) ↗
A qualified beneficiary asks for information about the administrationPromptly, unless unreasonable under the circumstances.Respond to the request; throughout, keep the qualified beneficiaries reasonably informed about the administration and the material facts they need to protect their interests.The requesting qualified beneficiaryC.R.S. §15-5-813(1) ↗
You plan to change the method or rate of your compensationIn advance of the change.Notify the qualified beneficiaries of the change before it takes effect.The qualified beneficiariesC.R.S. §15-5-813(2)(d) ↗
Each year of the administration, and the trust's terminationAt least annually, and at the termination of the trust.Send a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, and a listing of the trust assets with their market values where feasible. A qualified beneficiary may waive reports (§15-5-813(4)).The distributees and permissible distributees of income or principal, and other qualified beneficiaries who request itC.R.S. §15-5-813(3)(a) ↗
A vacancy in the trusteeship, with no cotrustee remaining in officeUpon the vacancy; no day-count.The former trustee sends a report to the qualified beneficiaries; a personal representative, conservator or guardian may send it for a trustee who died or is incapacitated.The qualified beneficiariesC.R.S. §15-5-813(3)(b) ↗
You file a trust registration statement (registration is optional)Within 60 days after filing.Notify in writing the cotrustees, the qualified beneficiaries and the other fiduciaries and persons with authority under the trust's terms; the qualified beneficiaries' names may be redacted from the copy filed with the court.Cotrustees, qualified beneficiaries, other fiduciaries and persons with authority under the termsC.R.S. §15-5-206(3) ↗
A settlor or a qualified beneficiary demands registration in writingWithin 30 days after receiving the demand.The statute provides that a trustee who does not register within 30 days after a written demand may be subject to removal or to surcharge as the court directs.—C.R.S. §15-5-207 ↗
You propose to move the trust's principal place of administrationAt least 60 days' notice before the transfer.Notify the qualified beneficiaries of the proposed transfer with the contents the section lists; a timely objection ends the trustee's authority to transfer under the section.The qualified beneficiariesC.R.S. §15-5-108 ↗
You decide to resignAt least 30 days' notice, or with the court's approval.Give notice to the qualified beneficiaries, the settlor if living and all cotrustees; resigning does not discharge liability for acts or omissions while serving.The qualified beneficiaries, a living settlor and all cotrusteesC.R.S. §15-5-705 ↗
Your office ends by resignation or removalExpeditiously.Until the property reaches the successor or other person entitled to it, keep the duties of a trustee and the powers needed to protect it, and deliver it expeditiously.—C.R.S. §15-5-707 ↗
The settlor of a trust that was revocable at death diesThe earlier of three years after the death, or 120 days after the trustee sent the person a copy of the trust instrument and a notice with the statute's contents — an absolute bar that may not be waived or tolled.The statute limits contests of a revocable trust's validity; the notice is optional, and a trustee is not liable for giving or not giving it. A contestant's notice holds distribution if a proceeding follows within 60 days.—C.R.S. §15-5-604 ↗
A beneficiary is sent a report that adequately discloses a potential claim and states the time allowedOne year after the report was sent; otherwise three years after the first of the trustee's removal or resignation, the end of the beneficiary's interest, or the trust's termination.The statute sets the period for a beneficiary's proceeding for breach of trust; fraud and misrepresentation related to the report are excepted.—C.R.S. §15-5-1005 ↗
On termination, you send the beneficiaries a proposal for distributionA beneficiary's right to object ends 30 days after the proposal was sent, if it stated the right and the time.The proposal is optional; on termination the trustee distributes expeditiously, keeping a reasonable reserve for debts, expenses and taxes.The beneficiariesC.R.S. §15-5-817(1) ↗
An authorized fiduciary intends to exercise a decanting powerNot later than 63 days before the exercise.Give notice in a record, with copies of both instruments, to the persons the section lists; the period may be shortened or waived as it provides.A living settlor, the qualified beneficiaries, holders of presently exercisable powers of appointment, persons who may remove the fiduciary, the other fiduciaries and, where required, the Attorney GeneralC.R.S. §15-16-907 ↗
The trust's tax year endsThe 15th day of the fourth month after year-end (April 15 for a calendar-year trust).File the Colorado fiduciary income tax return where the trust must file; Colorado imposes no estate tax for current deaths.—Colorado Form DR 0105 ↗
The testator diesWithin ten days after the death, or as soon after as the custodian learns of it.The custodian of a will delivers it for lodging to the court with probate jurisdiction in the county where the decedent resided or was domiciled.The district court (in Denver, the probate court)C.R.S. §15-11-516 ↗Пов'язана спадщина
A personal representative is appointedPublication not less than three times, once in each of three successive calendar weeks; claims are barred unless presented by the date the notice sets (not earlier than four months after the first publication) and in any event within one year after the death.When a probate estate is administered, the personal representative publishes the notice to creditors and may give known creditors written notice; the trust's file records the estate's events and concludes nothing about them.CreditorsC.R.S. §15-12-801, §15-12-803 ↗Пов'язана спадщина
The decedent dies, and the probate estate cannot pay allowed claims and allowancesA proceeding within one year after the death, and within 63 days after the final allowance of a contested claim.The statute makes the recipients of the decedent's nonprobate transfers — the property of a trust revocable at death included — liable for allowed claims, statutory allowances and administration costs, on the personal representative's demand, to the extent the probate estate is insufficient.—C.R.S. §15-15-103 ↗Пов'язана спадщина
The decedent dies, or the will is probatedNine months after the death or six months after the will's probate, whichever is later.A surviving spouse claims the elective share by petition; the augmented estate can reach the property of a revocable trust, so the trust's file records the death and any petition.—C.R.S. §15-11-211 ↗Пов'язана спадщина
The decedent diesAt any time ten or more days after the death.A successor may collect the decedent's personal property by affidavit where the estate subject to will or intestacy, less liens, does not exceed the statute's adjusted amount and no personal representative is sought or appointed.—C.R.S. §15-12-1201 ↗Пов'язана спадщина
The trust becomes irrevocableBefore the trust receives income or files under its own number.Obtain the trust's employer identification number; a revocable trust used the settlor's Social Security number, and that stops at death.—IRS Form SS-4 ↗Федеральний
The decedent diesNine months after death; a six-month extension is available.File the federal estate tax return when the gross estate exceeds the filing threshold, or to elect portability for a surviving spouse.—IRS Form 706 ↗Федеральний
The trust's tax year endsThe 15th day of the fourth month after year-end (April 15 for a calendar-year trust).File the trust's income tax return and issue a Schedule K-1 to each beneficiary who received distributable income.—IRS Form 1041 ↗Федеральний

Taking control and reviewing the assets

A trustee takes reasonable steps to take control of and protect the trust property (C.R.S. §15-5-809), keeps adequate records and keeps trust property separate from the trustee's own (§15-5-810). Within a reasonable time after accepting or receiving the assets, the trustee reviews them and decides what to keep and what to dispose of, under the prudent investor rule (§15-1.1-104).

The review also shows what the trust holds and what it does not. Property titled to the trust passes under it. Property in the decedent's own name may pass by beneficiary designation, joint ownership with survivorship, a beneficiary deed recorded during life (C.R.S. §15-15-402), or — for a small estate of personal property — by affidavit at any time ten or more days after the death (§15-12-1201); what remains goes through the probate estate, often to the trustee under a pour-over will.

Creditors and the estate

After the settlor's death, the property of a trust that was revocable at death is subject to claims and allowances as C.R.S. §15-15-103 provides (§15-5-505(1)(c)). That section makes the recipients of the decedent's nonprobate transfers — a revocable trust included — liable for allowed claims, statutory allowances and the costs of administration, on the personal representative's demand, to the extent the probate estate is insufficient; a proceeding to enforce it begins within one year after the death, or within 63 days after the final allowance of a contested claim (§15-15-103).

When a probate estate is opened, the personal representative publishes a notice to creditors not less than three times, once in each of three successive calendar weeks (C.R.S. §15-12-801), and claims that arose before the death are barred unless presented within the time the notice sets — not earlier than four months after the first publication — and in any event within one year after the death (§15-12-803). A trustee who distributes before those periods run may leave too little for valid claims.

The surviving spouse

A surviving spouse may elect an amount equal to fifty percent of the value of the marital-property portion of the augmented estate, which can reach a revocable trust's property (C.R.S. §15-11-202); the petition is filed within nine months after the death or six months after the will's probate, whichever is later (§15-11-211). In a probate estate, the spouse — or the dependent children — are also entitled to exempt property (§15-11-403) and a reasonable family allowance during administration (§15-11-404).

A home is different in Colorado than in some states: the owner may leave it to anyone, but when the owner dies leaving a surviving spouse or minor children they are entitled to the homestead exemption from creditors, and where there is neither the homestead is liable for the decedent's debts (C.R.S. §38-41-204).

Taxes

Colorado imposes no estate tax for current deaths; the federal estate tax return (Form 706) is due nine months after the death where the gross estate exceeds the filing threshold or to elect portability for a surviving spouse. Once the trust is irrevocable it needs its own employer identification number (Form SS-4), and a trust with income files a federal fiduciary income tax return (Form 1041) and, where it must file, a Colorado return (Form DR 0105), each by the 15th day of the fourth month after its tax year ends.

Reports, distributions and the time limits

At least annually and at the trust's termination, the trustee sends the distributees and permissible distributees — and other qualified beneficiaries who ask — a report of the trust property, liabilities, receipts and disbursements, including the trustee's compensation, with a list of the assets and their market values where feasible (C.R.S. §15-5-813(3)). A beneficiary may not begin a proceeding for breach of trust more than one year after being sent a report that adequately disclosed the potential claim and stated the time allowed (§15-5-1005).

A contest of a trust that was revocable at the settlor's death must begin within the earlier of three years after the death or 120 days after the trustee sent the person a copy of the instrument and a notice with the statute's contents (C.R.S. §15-5-604); the notice is optional, and the trustee is not liable for giving or not giving it. On termination, a trustee may send a proposal for distribution, and a beneficiary's right to object ends 30 days after it was sent if it stated the right and the time (§15-5-817).

When a licensed Colorado attorney is the right next call

TrusteeClear organizes the record, computes the possible dates from the dates you record, and — for a trustee using it directly — places your own facts into the blanks of the two notices and the certification of trust. It does not give legal advice or decide whether a notice applies, who the qualified beneficiaries are, whether a claim is valid, or when it is safe to distribute. Many trustees bring the record to a licensed Colorado attorney of their choosing before paying a creditor, distributing while an elective share or a contest may be outstanding, or answering a personal representative's demand under C.R.S. §15-15-103.

Поширені запитання

What does a Colorado successor trustee do first after a death?

Decide whether to serve (C.R.S. §15-5-701), take control of and protect the trust property (§15-5-809), keep records and keep trust property separate (§15-5-810), and record the dates the two 60-day notices count from — the date of acceptance and the date you learned the trust became irrevocable (§15-5-813(2)(b), (c)).

When are the Colorado trustee notices due?

Within 60 days after the trustee learns the trust has become irrevocable (C.R.S. §15-5-813(2)(c)), and within 60 days after the trustee accepts the trusteeship (§15-5-813(2)(b)). Neither applies to an acceptance, or a trust made irrevocable, before January 1, 2019 (§15-5-813(5)).

Can the settlor's creditors reach the trust in Colorado?

To the extent the probate estate cannot pay them, yes: a revocable trust's property is liable for allowed claims, statutory allowances and administration costs on the personal representative's demand (C.R.S. §§15-5-505(1)(c), 15-15-103), within one year after the death or 63 days after a contested claim is finally allowed.

How long should a Colorado trustee wait before distributing?

No statute sets a single waiting period. The periods that bear on it are the creditors' (one year after the death at most, C.R.S. §15-12-803), a spouse's elective share (nine months after the death or six after probate, §15-11-211) and a contest of the trust (the earlier of three years after death or 120 days after the optional notice, §15-5-604).

Does a Colorado trust have to file tax returns after the death?

An irrevocable trust with income files a federal Form 1041 and, where it must file, a Colorado Form DR 0105, by the 15th day of the fourth month after its tax year ends. Colorado imposes no estate tax for current deaths; the federal Form 706 is due nine months after the death where the estate must file.

Спокійна перевірка ролі простою мовою. Для початку платити не потрібно.

Коли будете готові — почніть тут

Загальна інформація про обов’язки управителя у Колорадо, не юридична консультація.