You want a simple, thorough Colorado estate planning checklist. You also want it to work in real life, here in Denver, Greenwood Village, Colorado Springs, and across the state. We get it. At Meurer & Potter, P.C., we’ve helped Colorado families plan since 1991. Use this checklist to get organized, avoid probate headaches, and protect the people you love. And if questions pop up, we’re right here in the Denver metro to help.

Understand Colorado Basics First

Separate Property State, Spousal Elective Share, And Common-Law Marriage

Colorado treats most assets gained during marriage as marital property. Property you owned before marriage, or that you received by gift or inheritance, is generally separate. This matters when we divide property in divorce and when we plan for death.

Colorado also has a spousal elective share. A surviving spouse can claim part of the estate even if the will says otherwise. Plan with that in mind, especially in second marriages.

Colorado recognizes common-law marriage. If you’re living as spouses without a license, you may still have inheritance rights to consider. We often see this in long-term relationships in Denver and Greenwood Village condos and townhomes. Put it in writing so no one has to guess later.

Probate Options, Informal vs. Formal, And Small Estate Affidavit Thresholds

Most estates with assets in a person’s name alone go through probate. Many cases qualify for informal probate. It’s simpler and faster. Disputed matters or unclear wills may need formal probate.

Smaller estates can use an affidavit instead of a full probate when personal property is under Colorado’s small-estate threshold (currently $80,000, adjusted annually) and there is no real estate. If your only assets are a car, a modest bank account, and personal items, this may fit.

Beneficiary (Transfer-On-Death) Deeds And Other Nonprobate Transfers

Colorado allows beneficiary deeds (also called transfer-on-death deeds). You can name who gets your home or rental property at death, and you keep full control while alive. It’s a strong tool for avoiding probate. We use them often for Denver bungalows and Greenwood Village townhomes.

Also use nonprobate transfers where you can: payable-on-death (POD) and transfer-on-death (TOD) designations for bank accounts, brokerage, retirement accounts, HSAs, and life insurance.

No Colorado Estate Or Inheritance Tax: Know Federal Thresholds

Colorado has no state estate or inheritance tax. Only federal rules apply. The federal estate tax exemption is high (about $13.6 million per person for 2024–2025), but it’s scheduled to fall in 2026. If your estate may approach those levels, we’ll plan now, not later.

Build Your Plan: People, Property, And Priorities

List Family, Beneficiaries, Guardians, And Care Preferences

Write a clear list of who and what matters. Spouse or partner. Children and stepchildren. Parents. Siblings. Charities. Name guardians for minors. Add a backup. Note care instructions for special needs family members and even pets. Be specific. Future you will be grateful.

Inventory Assets, Debts, Real Estate, Business Interests, And Digital Property

Create a one-page snapshot:

• Real estate (Denver home, Greenwood Village condo, mountain cabin)
• Bank, brokerage, retirement, HSA, crypto
• Life insurance and annuities
• Business interests and buy-sell agreements
• Debts (mortgage, HELOC, credit cards)
• Digital assets and logins

Select Fiduciaries: Personal Representative, Agents, And Trustees

Pick the people who will step in when needed:

• Personal representative (executor)
• Financial agent under a power of attorney
• Medical agent under a power of attorney
• Trustees for any trusts

Choose folks who are steady, organized, and available. Talk to them first. We often help clients in Denver and Greenwood Village plan teams that work together, not against each other.

Prepare Your Core Documents

Last Will And Testament (Colorado Execution And Self-Proving Affidavit)

Your will names your personal representative, spells out gifts, and handles guardianship for minors. In Colorado, sign your will with two witnesses. Add a self-proving affidavit before a notary to speed probate. Use plain terms. Avoid vague gifts that spark fights.

Financial Power Of Attorney (Statutory Form)

A durable financial power of attorney lets someone you trust manage money, bills, and property if you can’t. Colorado has a statutory framework. We customize it so your agent can do what’s needed and nothing you don’t want.

Medical Power Of Attorney, Living Will, HIPAA Release, And MOST

Name a medical agent. State your end-of-life wishes in a living will. Sign HIPAA releases so your agent can talk to doctors. If you face serious illness, talk with your provider about a MOST form (Medical Orders for Scope of Treatment). These medical tools spare your family from hard guesswork.

Disposition Of Last Remains And Funeral Instructions

Put your burial or cremation wishes in writing. Name who has authority to make arrangements. List any prepaid plans. Simple steps here prevent family conflict in the first 48 hours after a death.

Align Asset Titling And Beneficiary Designations

Transfer-On-Death Deeds For Colorado Real Estate

If probate avoidance is a goal, a beneficiary deed can pass your home to a named person at death. You can revoke it anytime. It’s a clean way to keep your private business out of court, especially for a primary residence in Denver or a rental in Greenwood Village.

POD/TOD Designations For Bank, Brokerage, Retirement, HSA, And Life Insurance

Check every account. Add POD/TOD where appropriate. Confirm beneficiary orders (primary and contingent) and percentages. Make sure the designations match your will or trust plan to avoid mix-ups.

Joint Tenancy vs. Tenancy In Common And Coordinating With Your Will/Trust

Joint tenancy passes to the other owner by law. Tenancy in common passes through your estate. Pick what fits your goals. If you use a revocable trust, consider retitling key assets into the trust. The point is coordination, no orphans, no contradictions.

When To Add Trusts And Advanced Strategies

Revocable Living Trust To Streamline Administration

A revocable living trust keeps control during life and organizes your estate for a smoother transfer after death. It can avoid probate for assets titled into the trust, add privacy, and help with out-of-state property. We use these often for clients with real estate in Denver, Greenwood Village, and Summit County.

Special Needs, Spendthrift, And Minor Trusts

If a loved one has a disability, a special needs trust can preserve benefits and provide support. For heirs who need structure, a spendthrift trust can limit access and protect from creditors. For minors, trusts can stage distributions at ages you choose.

Business Succession, Buy-Sell Agreements, And Funding

Own a company? Clarify who runs it if you’re gone or incapacitated. Put a buy-sell in place. Fund it with insurance if needed. Align the operating agreement, the buy-sell, and your estate plan so they don’t clash.

Tax Windows, Gifting, And The 2026 Sunset Considerations

The federal exemption is high now but may drop in 2026. If your estate is near or above the limits, consider lifetime gifts, spousal lifetime access trusts, ILITs, or charitable tools (like CRTs or GRATs). We map out options that fit your actual numbers and risk tolerance.

Execution, Maintenance, And Where To Get Help

Signing, Witnessing, And Notarization Requirements In Colorado

Different documents have different rules. Wills need two witnesses. We add a notarized self-proving affidavit. Powers of attorney and deeds should be notarized. Trusts don’t require witnesses, but we handle formalities so banks and title companies say “yes” the first time.

Fund The Plan: Retitle Assets And Update Beneficiaries

A plan only works if it’s funded. Move titled assets to your trust when that’s the design. Record your beneficiary deed. Update POD/TOD and retirement beneficiaries. We give clients a clear funding checklist and help complete it, no loose ends.

Store, Share, And Review After Major Life Events

Keep originals safe. Give copies to your fiduciaries. Share your agent cards and contact info. Review after big life changes: marriage, birth, divorce, death, buying or selling property, or a move between Denver, Greenwood Village, and elsewhere in Colorado. We suggest an annual review, quick but effective.

When To Consult A Colorado Estate Planning Attorney

If you have real estate, a blended family, a business, special needs planning, or you just want it done right, call us. Local experience matters. Meurer & Potter, P.C. serves clients across the Denver metro, including Greenwood Village, and throughout Colorado Springs and beyond. We focus on minimizing tax exposure, avoiding probate where possible, and reducing the risk of disputes.

Conclusion

A good Colorado estate planning checklist is practical, not fancy. Name the right people. Use the right documents. Align your titles and beneficiaries. Add trusts when they help. Keep it current.

If you want a steady guide, we’re here. Meurer & Potter, P.C. has helped Coloradans plan since 1991. Meet with us in Denver or Greenwood Village. We’ll listen, map your plan, and protect what you’ve built, simply and clearly.

Frequently Asked Questions

What should a Colorado estate planning checklist include?

A solid Colorado estate planning checklist covers a last will (signed with two witnesses plus a self‑proving affidavit), durable financial and medical powers of attorney, a living will and HIPAA release, beneficiary/POD/TOD designations, possible transfer‑on‑death deeds, fiduciary selections, an asset/debt inventory, and coordination of titles, trusts, and funding with periodic reviews.

How do Colorado beneficiary (transfer‑on‑death) deeds work to avoid probate?

A Colorado beneficiary deed lets you name who receives your real estate at death while you keep full control during life. It transfers automatically upon your passing, avoiding probate for that property. You can revoke or change it anytime. It’s often used for Denver homes and Greenwood Village rentals.

Does Colorado have an estate or inheritance tax, and when might federal estate tax apply?

Colorado has no state estate or inheritance tax. Only the federal estate tax applies, with an exemption around $13.6 million per person for 2024–2025. That exemption is scheduled to drop in 2026, so higher‑net‑worth families should review gifting, trusts, and other strategies now to manage potential exposure.

How long does probate take in Colorado, and can a Colorado estate planning checklist help avoid it?

Uncontested Colorado probate often runs 6–12 months; informal probate is typically faster, while disputes extend timelines. A thoughtful Colorado estate planning checklist can reduce or bypass probate using beneficiary deeds, POD/TOD designations, and properly funded revocable trusts—plus clear documents that minimize conflict and keep transfers organized.

Are handwritten wills valid in Colorado, and do I still need witnesses?

Colorado recognizes holographic (handwritten) wills if the material portions and signature are in the testator’s handwriting. However, they can invite disputes. Best practice is a typed will signed with two witnesses and a notarized self‑proving affidavit to streamline probate and reduce challenges.