Let’s talk about something most people avoid because, well, it sounds boring—but it matters more than almost anything when it comes to protecting your family and your assets: probate.

If you own property in Colorado and pass away without the right plan in place, your family is going to court. That’s not an opinion—it’s how the system works. If your assets are titled in your name when you die, they don’t just magically transfer to your spouse, your kids, or the people you love.

They go through probate, which is a legal process where a judge gets involved, paperwork gets filed, delays happen, fees are charged, and everything gets put on the public record.

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‍The good news? Probate is completely avoidable.

But here’s the key: you need a trust. Not a will. A will still goes through probate. A properly built and funded revocable living trust is how you skip the court entirely and make life easier for the people you care about.

And I want to break this down clearly—because this isn’t just legal theory. This is real life.

This is the difference between your spouse having immediate access to your accounts versus waiting six months for court approval. It’s the difference between your adult kids inheriting your house with no hiccups or having to spend $10,000 on attorneys. And it’s the difference between peace and total stress for your loved ones when you’re no longer around to guide them.

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So, what is probate, really?

Probate is the court process required to transfer ownership of assets out of someone’s name after they die. That includes:

• Houses
  
  
• Bank accounts
  
  
• Vehicles
  
  
• Family heirlooms
  
  
• Anything titled just in your name
  
  

In Colorado, probate is required when someone passes away with more than $80,000 in assets or any real estate in their name. That’s most people.

And here’s the kicker—having a will doesn’t get you out of probate. A will is basically a set of instructions for the court. It still goes through the system.

A trust, on the other hand, bypasses the court completely if it’s set up right. It’s private, it’s efficient, and it’s what most attorneys use to protect their own families.

So if we’re not using it for yours, we’re missing the mark.

Colorado probate rules and FAQs – Colorado Judicial Branch

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Trusts aren't just for the ultra-wealthy.

That’s one of the biggest myths out there. You don’t need to be a millionaire to benefit from a trust.

You just need to own something you care about—like your home, your savings, your retirement account, or your business.

If you own assets and you want to avoid court, you want a trust. Period.

When you create a trust, you’re setting up a legal entity that holds your assets on behalf of your beneficiaries. While you’re alive, you’re the trustee—you’re in full control.

You can buy, sell, refinance, withdraw—whatever you want. Nothing changes about how you manage your life. But when you pass away or become incapacitated, your successor trustee—the person you choose—steps in and handles everything privately.

There’s no judge involved, no delays, and no public paperwork.

That means your wishes get carried out exactly how you intended, and your family avoids the mess.

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What about the cost?

Some people hesitate because they think a trust is too expensive. But here’s what they don’t realize: probate costs way more.

Court fees, attorney fees, publication fees, personal representative compensation—it adds up fast. Probate can cost anywhere from 3 to 10% of your estate’s value.

So if your estate is worth $500,000, you could be losing $15,000 to $50,000 to the court system.

A trust avoids all of that. It’s a one-time investment that protects your family forever.

At Legacy Law Group, we make it easy and affordable for Colorado families—because we believe this should be the standard, not the exception.

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But having a trust isn’t enough. You have to fund it.

That means retitling your house, your accounts, your business shares—whatever you own—into the name of your trust.

We help you do that.

We don’t just send you off with a binder and wish you luck. We walk you through the funding process, step-by-step. We also make sure your beneficiary designations align with your plan.

Because if your life insurance or retirement accounts contradict your trust, it creates a mess. Coordination is everything.

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A trust also protects you while you're still alive.

Let’s say you have a stroke and you can’t manage your affairs. Without a trust and powers of attorney, your family would have to go to court to be appointed as your conservator.

That’s stressful, time-consuming, and expensive.

But with the right documents in place, your chosen trustee can step in immediately and manage everything for you—without court involvement.

That’s not just smart. That’s love in action.

And if you have children—especially minor children—this becomes even more urgent.

A trust allows you to control when and how your kids inherit. You can prevent them from getting access to large sums of money when they turn 18 and aren’t ready for that responsibility.

You can:

• Space out distributions over time
  
  
• Provide for education and healthcare
  
  
• Add divorce protection
  
  
• Shield assets from creditors
  
  

A trust can do what a will simply cannot.

If you’re a parent, check out our Kids Protection Plan. It’s designed to cover exactly these scenarios.

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Your plan should grow with your life

At Legacy Law Group, we don’t just set it and forget it. We offer:

• Regular trust reviews
  
  
• Funding updates
  
  
• Life change check-ins
  
  
• Guidance for your successor trustee
  
  

If you already have a trust but aren’t sure it’s up to date or properly funded, let us take a look. We offer second opinions and trust reviews with clear feedback.

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So let’s summarize:

• Probate is slow, public, and expensive.
  
  
• A will doesn’t avoid it.
  
  
• A trust does.
  
  
• A trust gives your family privacy, speed, protection, and peace of mind.
  
  
• And when it’s set up and funded correctly, it’s one of the most valuable tools you can use to protect your legacy.
  
  

We do this every single day for families across Colorado.

We know what works.
We know what breaks down.
And we know how to make this process simple, effective, and personal.

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Watch our latest video

Why You Need a Trust in Colorado (If You Want to Avoid Probate)

This short video walks through exactly why a will isn’t enough and how a trust helps your family avoid the most common, most costly estate planning mistake.

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Let’s Build That Plan—Together.

Whether you’re starting from scratch or want a second opinion on your existing documents, we’re here to make this easy.

Schedule your consultation now. Let’s protect your people. Let’s skip probate. Let’s do this right.