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December 9, 2025 Posted In Trust & Will Contests
by Justin Blow
Choosing between a will and a trust in Colorado may feel confusing, especially when both documents seem to accomplish similar goals. Many Lakewood families find themselves unsure which option fits their situation or whether they need both.
The right answer depends on your assets, family structure, and priorities. Understanding how each document works in Colorado helps you make a confident decision about protecting your loved ones.
A last will and testament remains the most familiar estate planning document. It provides instructions for distributing your property after death and names someone to handle your affairs.
A will lets you decide who receives your belongings, from your Lakewood home to your savings accounts. It also names a personal representative to manage the probate process.
For parents, a will serves a critical function that trusts cannot replace. Only a will allows you to name a guardian for minor children. This designation tells the court who you want raising your kids if something happens to you.
Colorado law sets specific rules for valid wills. The following elements must be present for a court to accept your will:
Meeting these requirements helps prevent challenges to your wishes later. Colorado also recognizes handwritten (holographic) wills if they are entirely in your handwriting and signed.
A revocable living trust creates a legal container for your assets during your lifetime and beyond. You maintain complete control while alive and name beneficiaries who inherit when you pass.
With a trust, you transfer ownership of assets into the trust’s name. You typically serve as trustee, managing everything normally. A successor trustee takes over if you become incapacitated or pass away.
This structure means assets in the trust avoid probate entirely. Your successor trustee distributes property according to your instructions without court involvement.
Creating a trust document alone does nothing. You must fund the trust by transferring assets into it. This means changing titles and beneficiary designations.
A common mistake involves signing trust paperwork but never moving assets into the trust. An unfunded trust provides no probate avoidance benefit.
Probate concerns drive many Colorado families toward trusts. Understanding what probate involves helps you decide whether avoiding it matters for your situation.
Probate through the Jefferson County District Court involves filing paperwork, notifying creditors, and waiting through mandatory time periods. Even simple estates may take six months to a year.
The process costs money in filing fees and often attorney fees. Everything filed becomes public record, meaning anyone may see your assets and who inherited them.
Smaller estates may qualify for simplified procedures. Colorado allows a small estate affidavit for estates under the current statutory limit (approximately $90,000 in personal property for recent years) with no real estate.
Some assets pass outside probate regardless of whether you have a trust. These include retirement accounts with beneficiaries, life insurance proceeds, and jointly held property.
Privacy often matters more than people initially realize. The documents you choose affect how much information becomes publicly accessible.
Once filed for probate, your will joins the public record. Anyone may visit the courthouse and review it. This includes nosy neighbors, estranged relatives, and potential scammers.
The probate file lists your assets, their values, and who received them. In close-knit Lakewood neighborhoods, some families prefer keeping this information private.
Trust documents never get filed with any court during normal administration. Your successor trustee handles everything privately. Only beneficiaries receive information about their inheritance.
This confidentiality appeals to families with complex dynamics or those simply valuing discretion.
Family complexity often tips the scales toward more comprehensive planning. Trusts offer flexibility that wills sometimes lack.
Blended families face unique challenges. A trust allows you to provide for your current spouse while protecting assets for children from a prior relationship.
Without proper planning, your spouse might inherit everything and later leave nothing to your children. Trusts create enforceable structures preventing this outcome.
Young adult beneficiaries may not be ready to handle a large inheritance. Trusts let you control when and how beneficiaries receive assets.
You might distribute funds at age 25, then more at 30, with the remainder at 35. This staged approach protects against poor decisions or outside influences.
A revocable living trust allows unlimited changes during your lifetime. You may add assets, remove assets, change beneficiaries, or revoke it entirely. This flexibility disappears only upon your death or incapacity.
Owning real estate in another state typically requires probate in that state as well as Colorado. A trust holding out-of-state property avoids this multiple-probate scenario, saving time and expense.
A standard revocable trust provides no asset protection from long-term care costs. Medicaid considers revocable trust assets as available resources. Irrevocable trusts may offer protection but require giving up control.
Retirement accounts pass by beneficiary designation, not through your will or trust. Naming individuals directly as beneficiaries typically provides better tax treatment than naming a trust.
Both wills and trusts face potential challenges from unhappy family members. Trusts may be more difficult to challenge in practice in some situations, not because Colorado law sets a different contest standard, but because they often involve ongoing management, more detailed documentation, and fewer publicly filed records. An attorney with investigation experience helps identify and address potential disputes before they arise.
Deciding between a will and trust becomes easier with guidance tailored to your specific situation. Colorado Estate Matters, Ltd. helps Lakewood families understand their options without pressure or confusion.
Attorney Justin Blow brings both estate planning knowledge and an investigative background to every conversation. This combination proves valuable for families concerned about potential conflicts or complex asset situations.
Contact Colorado Estate Matters at (303) 713-9147 for a free consultation. A straightforward conversation may reveal which documents fit your family’s needs.