Estate Planning Attorneys in Colorado Springs
Table of Contents
- Protect Your Family's Future With Colorado Estate Planning
- Why Colorado Springs Families Trust Our Estate Planning Services
- Why Colorado Springs Residents Choose Our Firm
- Our Estate Planning Services
- How Our Estate Planning Process Works
- How Planning Ahead Protects Colorado Springs Families
- Areas We Serve
- Frequently Asked Questions
- Schedule Your Free Estate Planning Consultation
- Sources
Protect Your Family's Future With Colorado Estate Planning
When you start thinking about what would happen to your family, your home, or your business if something unexpected occurred tomorrow, you have already identified why estate planning matters.
Maybe you are a young parent who wants to name guardians for minor children. Maybe you are retired and want to keep your family out of court. Maybe you are stationed near Fort Carson and moving every few years. A well-built plan is how you make sure your wishes are followed after death, and during your lifetime if you become unable to manage your own affairs.
Colorado estate planning carries specific statutory requirements that generic online templates often miss. Documents drafted without attention to Colorado's Probate Code (Title 15) or to El Paso County's local procedures can be challenged, delayed, or set aside at the moment your family needs them most.
Without a plan, Colorado's default rules take over. Your property passes under the state's intestacy statutes rather than your instructions, and a judge decides who raises your minor children.
Property escheats to the State of Colorado only in the rare case where no eligible heir can be found. But the default outcome is still rarely the one families would have chosen for themselves.
Our law office serves clients throughout the Colorado Springs area with the personal service that estate planning demands. Every family is different, and your plan should reflect your goals, your assets, and your loved ones' needs.
Why Colorado Springs Families Trust Our Estate Planning Services
- Attorneys on our team include former prosecutors, bringing courtroom experience to every document we draft
- Licensed in Colorado, with working knowledge of state probate rules and El Paso County procedures
- Free initial consultations with clear, written fee quotes and no hidden charges
- Responsive communication - we return calls and emails promptly
- Experience helping families across the Colorado Springs area put plans in place
Why Colorado Springs Residents Choose Our Firm
What separates our approach comes down to three things - legal depth, local knowledge, and working with clients directly.
- Litigation experience informs how we draft. Several of our attorneys are former prosecutors. That trial background shapes how we draft and how we document execution, because we have seen how courts evaluate contested instruments.
- Colorado-specific and military-specific knowledge. With Fort Carson, Peterson Space Force Base, Schriever Space Force Base, and the Air Force Academy nearby, we work regularly with the issues military families face - deployment-ready powers of attorney, and coordinating federal benefits such as the Survivor Benefit Plan and the Thrift Savings Plan with a Colorado plan. The SBP-DIC offset, long known as the "widow's tax," was phased out between 2021 and 2023 and eliminated entirely as of January 1, 2023. Plans written before that change may need review.
- One-on-one attention throughout. Your attorney works directly with you rather than handing you off. We walk through each decision, because these choices affect your family for years.
- A coordinated approach that reduces conflict. Documents alone are not a plan. We make sure your titling, beneficiary designations, and any trust funding line up, so nothing passes in a way you did not intend.
Our Estate Planning Services
An estate plan can include wills, trusts, powers of attorney, healthcare directives, and beneficiary deeds. Each serves a different purpose depending on your family, your assets, and your goals.
Wills and Testament Preparation
A will directs how your assets are distributed after death, names a personal representative to manage the process, and lets you nominate guardians for minor children. It takes effect only at death.
Under C.R.S. § 15-11-502, a Colorado will must be in writing and signed by the testator. It must then be either signed by at least two witnesses or acknowledged before a notary public.
Two witnesses are not the only route. Colorado has recognized notarized wills since the 2008 revisions to the Uniform Probate Code. The state also recognizes holographic wills, where the signature and material portions are in the testator's own handwriting.
Colorado additionally permits electronic wills under the Colorado Uniform Electronic Wills Act, C.R.S. § 15-11-1301 et seq., enacted in 2021. An electronic will has its own execution requirements, and a separate rule of probate procedure governs how a paper copy is certified and lodged with the court.
If you die without a valid will, Colorado's intestacy statutes decide who inherits. Many people assume a surviving spouse simply receives everything. That is often true, but not always.
Under C.R.S. § 15-11-102, if any of your surviving descendants are not also descendants of your surviving spouse, your spouse receives a set dollar amount plus one-half of the balance. The remainder passes to your descendants, and those dollar figures are adjusted for cost of living.
That situation is common in blended families. For those households in particular, relying on intestacy rarely produces the result people expect.
Living Trusts and Trust Administration
Unlike a will, a trust can take effect as soon as it is created and funded. That gives you control during your lifetime as well as after death.
A properly funded living trust keeps assets out of probate, which saves time and court costs. Trusts also let you specify when and how beneficiaries receive assets, which matters for families with minor children or dependents with special needs.
A revocable living trust is particularly useful if you own real property in more than one state, want privacy, or want continuity of management if you become incapacitated. Probate filings are public record; trust administration generally is not.
The key point people miss is funding. A trust only avoids probate for assets actually retitled into it.
Administration after death usually proceeds outside probate court, though the district court retains jurisdiction if a trust matter is brought before it. Fiduciary duties still apply, and a Colorado Fiduciary Income Tax Return may be required for an estate or trust with Colorado-source income.
Beneficiary Deeds for Colorado Real Property
Colorado offers a tool many homeowners do not know about. Under C.R.S. §§ 15-15-401 through 15-15-415, an owner can record a beneficiary deed that transfers real property automatically at death, without probate.
It is revocable during your lifetime, transfers no ownership until you die, and costs a recording fee rather than the price of a trust.
There are real limits, and the statutory form spells two of them out in capital letters. Recording a beneficiary deed may affect Medicaid eligibility, and it may not avoid probate in every circumstance. It must also be recorded before the owner's death to be effective.
A beneficiary deed is not a substitute for a full plan. But for some Colorado Springs homeowners it accomplishes the main goal at a fraction of the cost, and we will tell you when that is the case.
Wills, Trusts, and Beneficiary Deeds Compared
| Will | Revocable Living Trust | Beneficiary Deed | |
|---|---|---|---|
| What it covers | All property in your sole name | Only assets retitled into the trust | One parcel of Colorado real property |
| Avoids probate? | No | Yes, for funded assets | Yes, for the deeded property |
| Takes effect | At death | When created and funded | At death; must be recorded beforehand |
| Names guardians for minor children | Yes | No | No |
| Manages assets if you become incapacitated | No | Yes | No |
| Kept private | No - probate is public record | Generally yes | Deed is public, but no probate file |
| Relative cost | Lowest | Highest | Recording fee |
| Best suited to | Everyone - especially parents of minor children | Multi-state property, privacy, incapacity planning, conditional gifts | A homeowner whose main goal is passing the house |
Most Colorado Springs families end up using more than one of these. A will names guardians and catches anything not otherwise directed, while a beneficiary deed or a trust handles the largest assets.
Powers of Attorney
Powers of attorney are the core of incapacity planning. A financial power of attorney lets someone you trust manage finances, pay bills, and handle property on your behalf.
A medical durable power of attorney lets a person you name make healthcare decisions if you cannot. It works alongside a living will, or advance directive, that states your treatment wishes.
A durable power of attorney remains effective if the principal becomes incapacitated, which is what makes it worth having. For military families these documents are essential - when a service member is deployed and unreachable, a spouse needs standing authority to act.
Colorado's HB24-1248, the Uniform Non-Testamentary Electronic Estate Planning Documents Act, was signed May 1, 2024 and took effect January 1, 2025. It allows powers of attorney, trusts, and advance directives to be created, signed, and stored electronically.
Note the boundaries. The act expressly excludes deeds of real property, including beneficiary deeds, and certificates of title for vehicles, watercraft, and aircraft. Wills are governed separately, under the electronic wills act described above.
Probate and Estate Administration
Probate is driven by what a person owned in their sole name without a beneficiary designation. It is not triggered simply by whether there was a will.
If everything passes by beneficiary designation, joint tenancy, a funded trust, or a recorded beneficiary deed, probate may not be needed at all. Where it is needed, we assist families through validating the will, appointing a personal representative, settling debts, paying taxes, and distributing what remains.
Colorado also offers a small estate procedure. Under C.R.S. § 15-12-1201, a successor may collect personal property by affidavit at least ten days after death if the estate falls under an inflation-adjusted cap - $88,000 for 2026 deaths, $86,000 for 2025, and $82,000 for 2024.
Two limits matter. The affidavit cannot transfer real estate, and it is unavailable if a personal representative appointment is pending or has been granted.
El Paso County is part of the 4th Judicial District. The Probate Division sits in Room W149 of the El Paso County Judicial Building at 270 S. Tejon Street, with walk-up hours every Wednesday. Knowing the local schedule and practice saves families time.
Asset Protection Planning
For business owners and families concerned about creditor exposure, we can discuss strategies involving irrevocable trusts, entity structuring, and coordinated beneficiary designations. We refer out where a matter calls for specialized tax or business counsel.
Colorado imposes no state estate tax and no inheritance tax. Larger estates may still face federal estate tax, and planning can address that.
How Our Estate Planning Process Works
We keep the process straightforward and built around your schedule.
Step 1: Free Consultation and Assessment
During your free consultation, typically 30 to 60 minutes, we review any current documents, your family structure, assets, residency, and goals.
If you are a military family, we will cover benefit designations, deployment planning, and multi-state property. You leave with a clear understanding of scope and cost before any work begins.
Step 2: Custom Estate Plan Development
We then draft your documents in compliance with Colorado statutes - will, trust, powers of attorney, advance directive, guardian nominations, and a beneficiary deed where appropriate.
Every document is explained in plain language, so you understand what you are signing and why. You review drafts, ask questions, and we revise until the plan reflects what you actually want.
Step 3: Implementation and Ongoing Support
Documents are executed with the formalities Colorado law requires. Signing is the beginning, not the end.
We assist with funding trusts, retitling assets, preparing and recording deeds, and coordinating beneficiary designations across retirement accounts and insurance policies, so the pieces work together.
Plans should be reviewed every three to five years, and any time a major life event occurs - birth, death, marriage, divorce, a significant change in assets, or a change in the law.
How Planning Ahead Protects Colorado Springs Families
Good planning is measured by what your family does not have to go through. Trust-based planning, recorded beneficiary deeds, and correctly coordinated designations can move assets to the people you intended without a probate case.
That means less delay, lower cost, and no public filing of what you owned and who received it. Whether that approach fits depends on your assets and your goals, and it is the first thing we assess.
For military families, the recurring risks are relocation and deployment. Property gets acquired in multiple states, documents need to work while a service member is unreachable, and federal benefit designations override wills and trusts unless coordinated deliberately.
Building a plan that anticipates the next set of orders is the difference between a plan that works and one that has to be rebuilt.
Areas We Serve
We serve clients throughout the Colorado Springs area and surrounding communities:
- El Paso County: Colorado Springs, Monument, Falcon, Fountain, Manitou Springs, Black Forest, Peyton, Calhan
- Teller County: Woodland Park, Cripple Creek, Victor
- Fremont County: Cañon City, Florence, Penrose
- Military Installations: Fort Carson, Peterson Space Force Base, Schriever Space Force Base, United States Air Force Academy
- Colorado Springs Neighborhoods: Briargate, Northgate, Old Colorado City, Broadmoor, Rockrimmon, Flying Horse, Cordera, Powers Corridor
Whether you are in downtown Colorado Springs or an outlying community, you get the same attention.
Frequently Asked Questions
How Much Does Estate Planning Cost in Colorado Springs?
Cost depends on complexity, and any firm quoting a single number without knowing your situation is guessing.
As a general guide to this market, a will-based package (will, financial power of attorney, medical durable power of attorney, and advance directive) commonly falls in the low hundreds to roughly a thousand dollars. A revocable living trust package generally runs several thousand.
Matters involving business interests, special needs dependents, multi-state property, or military benefit coordination are often billed hourly. We provide a written fee quote after your free consultation, before any work begins.
Do I Need a Will or a Trust in Colorado?
It depends on your assets, your family, and your goals. A will names guardians and directs distribution, but assets passing under it may require probate. A trust can avoid probate and lets you set conditions on when beneficiaries inherit.
Before assuming you need a trust, ask about the cheaper Colorado options. A recorded beneficiary deed can pass your home outside probate for a recording fee, and payable-on-death designations do the same for accounts.
If your estate is modest and your assets are simple, those tools plus a well-drafted will may accomplish everything a trust would, at a fraction of the cost.
A trust earns its keep when you own property in multiple states, want privacy, need incapacity management, or want conditions on distributions. The comparison table above lays out the tradeoffs.
How Long Does the Estate Planning Process Take?
For a standard will or trust package, expect roughly two to four weeks from first meeting to signing. Complex matters involving business interests, multiple jurisdictions, or special needs planning can take several months.
Probate in El Paso County, when required, commonly runs six to twelve months, and longer if the estate is contested.
What Happens if I Die Without an Estate Plan in Colorado?
Colorado's intestacy statutes, found in Article 11 of Title 15, distribute your property to your spouse, descendants, or other relatives in a fixed statutory order.
As noted above, a surviving spouse does not automatically take everything when there are descendants from another relationship. The court also appoints a guardian for minor children without your input.
Your estate goes through probate, with the delay, cost, and public record that involves. Property passes to the State of Colorado only if no eligible heir exists at all.
Do Military Families Need Special Estate Planning Considerations?
Yes. Federal benefits interact with estate plans in ways civilian plans do not - military retired pay, the Survivor Benefit Plan, VA Dependency and Indemnity Compensation, Servicemembers' Group Life Insurance, and Thrift Savings Plan designations.
These designations generally control regardless of what a will or trust says. They have to be coordinated deliberately rather than assumed.
Powers of attorney matter more for military families than for almost anyone else, because deployment can leave a spouse needing authority to manage finances, make medical decisions, and handle property on short notice.
Military OneSource maintains a general guide, and installation legal assistance offices provide free basic wills and powers of attorney. We handle what goes beyond those services - trusts, multi-state property, blended-family planning, and benefit coordination.
Schedule Your Free Estate Planning Consultation
Your family's future should not be left to Colorado's default rules. Whether you need a simple will, a full plan with a living trust and powers of attorney, or help coordinating military benefits, Moran, Allen & Associates Family Law is here to help you put it in place.
Call to schedule your free consultation and let us help you prepare for whatever comes next.
Sources
- Colorado Revised Statutes § 15-11-502 - Execution: witnessed or notarized wills; holographic wills. law.justia.com
- Colorado Revised Statutes § 15-11-1301 et seq. - Colorado Uniform Electronic Wills Act. law.justia.com
- Colorado Revised Statutes § 15-11-102 - Share of spouse (intestate succession). law.justia.com
- Colorado Revised Statutes, Title 15, Article 11 - Intestate Succession and Wills. law.justia.com
- Colorado Revised Statutes § 15-12-1201 - Collection of personal property by affidavit. law.justia.com
- Colorado Revised Statutes §§ 15-15-401 to 15-15-415 - Beneficiary deeds; form at § 15-15-404. law.justia.com
- Colorado General Assembly, HB24-1248 - Uniform Non-Testamentary Electronic Estate Planning Documents Act. leg.colorado.gov
- Colorado Department of Revenue - Estates & Trusts (Fiduciary Income Tax). tax.colorado.gov
- Colorado Judicial Branch - El Paso County, 4th Judicial District. coloradojudicial.gov
- Defense Finance and Accounting Service - Survivor Benefit Plan. dfas.mil
- Military OneSource - Estate Planning MilLife Guide. militaryonesource.mil
This page provides general information about Colorado estate planning law and is not legal advice. Reading it does not create an attorney-client relationship. Statutory dollar thresholds are adjusted periodically; confirm current figures before relying on them. For advice about your situation, consult a licensed Colorado attorney.