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Avoiding Probate in Colorado

Many Colorado assets pass outside probate: beneficiary designations, payable-on-death/transfer-on-death accounts, joint tenancy with right of survivorship, and a funded revocable trust. Colorado also allows a beneficiary deed (a transfer-on-death deed) that conveys real property to a named beneficiary at the owner's death and is revocable during life (C.R.S. § 15-15-401).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Colorado attorney about how these rules apply to your situation.

Probate is the court process for settling an estate. It can mean cost and delay, so many Colorado plans aim to pass assets outside probate. Several tools do exactly that.

Assets that pass outside probate

In Colorado, the following generally avoid probate:

  • Beneficiary designations — life insurance, retirement accounts, and similar assets pay directly to the named beneficiary.
  • Payable-on-death (POD) / transfer-on-death (TOD) accounts — bank and brokerage accounts that pass to a named person at death.
  • Joint tenancy with right of survivorship — property automatically passes to the surviving co-owner.
  • A funded revocable trust — see living trusts.

The Colorado beneficiary deed

Colorado also allows a beneficiary deed — its version of a transfer-on-death deed for real estate (C.R.S. § 15-15-401). A beneficiary deed:

  • Conveys real property to a named beneficiary effective at the owner’s death.
  • Stays revocable during the owner’s life — you keep full ownership and can change or cancel it.

That combination makes it a popular way to pass a home outside probate while retaining complete control while you’re alive.

Keep beneficiary forms current

Because these transfers happen outside your will, they’re only as good as your paperwork. Review beneficiary designations and deeds after major life events. To get matched with a local Colorado estate-planning attorney, connect with a lawyer.

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Frequently asked questions

What assets avoid probate in Colorado?
Assets with beneficiary designations, payable-on-death and transfer-on-death accounts, property held in joint tenancy with right of survivorship, and assets held in a funded revocable trust generally pass outside probate.
What is a beneficiary deed in Colorado?
A beneficiary deed is Colorado's transfer-on-death deed for real estate. It conveys real property to a named beneficiary effective at the owner's death and stays revocable during the owner's life (C.R.S. § 15-15-401).
Does avoiding probate avoid estate tax?
These are separate issues. Avoiding probate is about skipping the court process. Colorado has no state estate or inheritance tax, but keeping assets out of probate does not change federal estate tax rules.

Sources

Related guides

  • Colorado Advance Directives: Medical POA & Living Wills A medical durable power of attorney lets an agent make health-care decisions if you can't (C.R.S. § 15-14-506). A living will — formally a Declaration as to Medical Treatment — lets an adult direct that life-sustaining procedures be withheld or withdrawn in a terminal condition or persistent vegetative state (C.R.S. § 15-18-104). Colorado also recognizes CPR directives and MOST forms.
  • Colorado Intestate Succession: Dying Without a Will If you die without a will, Colorado's Uniform Probate Code rules decide who inherits (C.R.S. § 15-11-102). A surviving spouse takes the entire estate in some situations; in others the spouse takes a base amount plus a share, with the rest passing to descendants, then parents, then more remote kin (§ 15-11-103).
  • Colorado Living Trusts: How Revocable Trusts Work Trusts in Colorado are governed by the Colorado Uniform Trust Code (Title 15, Article 5; C.R.S. § 15-5-101). A funded revocable living trust lets your assets pass outside probate while you keep control during life — but only assets actually retitled into the trust avoid probate.
  • Colorado Power of Attorney: Durable by Default Under the Colorado Uniform Power of Attorney Act, a financial power of attorney created on or after January 1, 2010 is durable by default — it survives the principal's incapacity unless the document expressly says it terminates on incapacity (C.R.S. § 15-14-704).
  • Colorado Wills: Requirements & How They Work Colorado follows the Uniform Probate Code. A valid will must be in writing and signed by the testator, and then either signed by at least two witnesses or acknowledged before a notary (C.R.S. § 15-11-502(1)). Colorado also recognizes holographic wills — a will is valid without witnesses if the signature and material portions are in the testator's own handwriting (§ 15-11-502(2)).

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