Living Trust in Colorado: Costs, Probate, and How to Set One Up
Updated: 6 days ago
Quick answer: A living trust in Colorado typically costs about $1,200 to $2,800 for one person when an attorney drafts it, or a flat $299 online with 299Trust. When assets are properly titled in the trust, it can let a family avoid Colorado probate for those assets. Colorado probate starts with a $229 court filing fee and generally takes at least six months. This guide covers what each option costs, what probate costs without a trust, and how a Colorado trust is set up.
This guide was prepared from Colorado statutes and Colorado Judicial Branch forms, checked in October 2026. It is general education, not legal advice.
How Much Does a Living Trust in Colorado Cost?
The price of a living trust in Colorado depends mostly on who prepares it. There are three common options.
Colorado estate planning attorney: about $1,200 to $2,800 for an individual and $2,000 to $4,000 for a couple. This includes custom drafting and meetings. These are typical estimates, not quotes. Our living trust cost guide compares prices across states.
Online platforms: usually $199 to $599. Documents are generated from a questionnaire. Some charge a yearly subscription on top.
299Trust: $299 for an individual or $399 for a couple, one time, with no subscription. Documents are prepared for Colorado and emailed after a short questionnaire.
Every 299Trust plan includes six documents:
Revocable living trust
Pour-over will with guardianship nomination for minor children
Durable financial power of attorney
Medical power of attorney
Advance healthcare directive
Final wishes document
Two small extra costs are common with any option. A notary usually charges a few dollars per signature. Moving a home into a trust means recording a new deed with the county clerk and recorder, and each county sets its own fee. Weld County, for example, charges a flat $43 to record a standard document. The state documentary fee applies only when there is a sale price over $500.
Plans and prices are on our pricing page.
What Does Probate Cost in Colorado Without a Trust?
Colorado follows the Uniform Probate Code, so its probate process is simpler than in states like California. It still costs money and takes months.
Want to see the numbers for a Colorado estate? Try our probate cost calculator
Court costs
Opening an estate costs $229 in filing fees, according to the Colorado Judicial Branch instructions for probate. Certified letters cost $20 plus $0.75 per copy, and banks often ask for several.
Lawyer and personal representative fees
Colorado sets no fixed percentage. Under C.R.S. 15-10-602, a personal representative and their lawyer are entitled to "reasonable compensation," which is usually billed hourly and paid from the estate.
How long Colorado probate takes
Creditors get at least four months after the first published notice to file claims (C.R.S. 15-12-801). An estate can't be closed by sworn statement until six months after the personal representative is appointed or one year after death, whichever comes first (C.R.S. 15-12-1003). Six months is the floor, and many estates take a year or more.
Example: a $600,000 estate
Take a hypothetical $600,000 estate made up of a Denver-area home and savings, with no trust. Colorado probate commonly runs about 2% to 4% of an estate, so the family could spend roughly $12,000 to $24,000 and wait at least six months. A living trust in Colorado for the same family costs $299 (or $399 for a couple), paid once. For assets that were titled in the trust, the successor trustee can generally handle the transfer without a court case. Every estate is different, so these figures are estimates for illustration.
More approaches are covered in our guide on how to avoid probate.
When Can a Colorado Estate Skip Probate?
Some Colorado estates never need a full probate case. These are the main exceptions under Colorado law.
Small estates. If the estate is worth $88,000 or less for a 2026 death ($86,000 for 2025), heirs can collect personal property with a sworn affidavit starting 10 days after death (Colorado Judicial Branch JDF 998, C.R.S. 15-12-1201). The affidavit covers personal property such as bank accounts and vehicles. Because most Colorado homes are worth far more than the limit, estates that include a home rarely qualify.
Beneficiary deeds. Colorado allows an owner to name who receives a piece of real estate at death, but the deed must be recorded before the owner dies (C.R.S. 15-15-402). It covers only that one property and does not address incapacity.
Joint ownership and beneficiary designations. Accounts with a payable-on-death beneficiary and property owned jointly with survivorship rights generally pass outside probate.
A living trust brings these pieces into one plan. It covers the assets placed in it, names who manages them if the owner can't, and keeps the details out of the public court file.
How Do You Set Up a Living Trust in Colorado?
Setting up a living trust in Colorado generally follows six steps. Some people work with an attorney and others use an online service; our article on whether you can set up a trust without an attorney compares the two.
List the assets. The home, bank and brokerage accounts, vehicles, and any land or rental property.
Choose a successor trustee. This person takes over at death or if the owner can't manage their affairs. Our guide explains what a successor trustee does.
Create the trust documents. In Colorado, a trust is revocable unless it says otherwise, so the owner can change or cancel it at any time (C.R.S. 15-5-602).
Sign in front of a notary. Banks and title companies usually expect a notarized signature before they accept a trust.
Fund the trust. Record a new deed moving the Colorado home into the trust, and retitle accounts. Our guide to funding a living trust walks through each asset type.
Use a certification of trust. Colorado lets a trustee give banks and title companies a short certification instead of the full trust document, which keeps family details private (C.R.S. 15-5-1013).
Common Mistakes With Colorado Living Trusts
Not funding the trust. Signing the trust is only half the job. Assets that are never retitled into it may still go through probate.
Forgetting to record the deed. A Colorado home is not in the trust until a new deed is signed and recorded with the county clerk and recorder.
Naming a successor trustee without a backup. If the first choice can't serve, a named backup avoids delays.
Assuming the trust controls every account. Retirement accounts and life insurance pass by their beneficiary designations, so those forms need to match the overall plan.
Never updating the trust. Marriage, divorce, a new child, or a move can make an old plan out of date. A revocable trust can be amended.
Expecting tax savings. A revocable living trust does not by itself reduce taxes. Its main purposes are avoiding probate for trust assets, privacy, and planning for incapacity.
Is a Living Trust in Colorado Worth It?
It depends on each person's situation. Colorado probate is simpler than in many states, but a home alone usually puts an estate over the $88,000 small estate limit, which means court, fees, and months of waiting. A living trust tends to be most useful for people who:
Own a home in Colorado.
Own property in another state, which can mean a separate probate case there.
Have minor children and want to nominate a guardian and control when they inherit.
Want privacy, since probate filings are court records.
Want a plan for incapacity, so a successor trustee can step in without a court-appointed conservator.
Estate tax is usually not the reason. Colorado has no estate tax: no Colorado estate tax filing is required for deaths after December 31, 2004 (Colorado Legislative Council). The federal estate tax applies only to estates over $15 million per person.
People who rent, have savings under the small estate limit, and have beneficiaries named on every account may find a will covers their needs. A licensed Colorado attorney can help evaluate a specific situation.
Frequently Asked Questions
Does a living trust in Colorado need to be notarized? Signing in front of a notary is standard practice. Banks and title companies usually expect a notarized signature before they will move assets into the trust.
Is a will still needed with a living trust? Most trust-based plans include a pour-over will. It moves anything left outside the trust into it, and it is where a guardian for minor children is nominated. Every 299Trust plan includes one. Learn more about the pour-over will.
Does Colorado have an estate tax? No. Colorado does not require an estate tax filing for deaths after December 31, 2004.
Can a Colorado living trust be changed later? Yes. A Colorado trust is revocable unless it says it is irrevocable, so the person who created it can amend or cancel it while alive.
Is 299Trust a law firm? No. 299Trust is do-it-yourself self-help software. It is not a law firm, does not employ attorneys, and does not give legal advice. Complex situations are best reviewed with a licensed Colorado attorney.
Next Steps
A living trust in Colorado through 299Trust costs $299 for an individual or $399 for a couple, with all six documents prepared for Colorado and emailed after a short questionnaire. Compare 299Trust plans or call 877-560-3222 with questions about the service.
Disclaimer: This article is provided for general educational and informational purposes only and does not constitute legal advice. 299Trust is not a law firm and does not provide legal representation. Laws vary by state, and individual circumstances may require consultation with a licensed attorney.
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