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A trust is a private document and is not public record, or shared with the government, so a trust can keep the government out of transferring property at the time of your death. A trust also keeps your asset distribution private, so other people cannot read your trust.

In Colorado, a living trust does not need to be recorded or made part of the public record. The terms of the trust, beneficiaries, and assets are private and do not become public record. This privacy is one of the benefits of having a living trust in Colorado.

The state uses the Uniform Probate Code, though, so unless your estate is particularly large or complex, it may not be needed in Colorado. You can make a living trust by yourself, but if you want to use one it may make sense to find an attorney to help you do it right.

To make a living trust in Colorado, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries—that is, who will get the trust property. Create the trust document.

For example, in Colorado, you need a Special Warranty Deed. This states that the grantor (property owner) is the trust itself rather than the trustees of the trust. After you prepare the deed and have it notarized, your attorney will record the deed in the county property records office.

A living trust is a legal document that, just like a will, contains your instructions for what you want to happen to your assets when you die. But, unlike a will, a living trust can avoid probate at death, control all of your assets, and prevent the court from controlling your assets if you become incapacitated.

The Timeline for Challenging a California Trust Once a beneficiary or heir receives this notice, they have only 120 days to contest the trust. If they wait more than 120 days, their challenge will be dismissed without consideration, and they will be forever barred from attempting another contest.

Lack of Court Supervision Bypassing probate is a key advantage of trusts, but it comes with the downside of limited court supervision. In probate, the court ensures that assets are distributed ing to the will, providing oversight. With a trust, there is no automatic judicial review.

The state uses the Uniform Probate Code, though, so unless your estate is particularly large or complex, it may not be needed in Colorado. You can make a living trust by yourself, but if you want to use one it may make sense to find an attorney to help you do it right.