Living Trusts in Colorado, Arizona, and California
A living trust holds your property while you’re alive and passes it to your family without probate, if the trust is funded. Trusts work much the same in all three states, but Arizona’s and California’s community property rules matter for couples. Attorney Daniel R. Klein designs living trusts for clients in Colorado, Arizona, and California and helps you fund them.
In Colorado
A trust signed on or after August 7, 2013 can be changed or canceled unless it says it can’t be (C.R.S. 15-5-602).
In Arizona
You can also change or cancel your trust (A.R.S. 14-10602).
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
This page is general information about Colorado and Arizona law as of . It is not legal advice.
Who needs a living trust?
- You own a home and want to spare your family probate.
- You own property in more than one state.
- You have a blended family and want clear rules for who gets what.
- You’d like your affairs to stay private.
- You want someone you trust to step in smoothly if you get sick.
What is a living trust?
A living trust is a legal arrangement you set up while you’re alive to hold your property. It’s also called a revocable trust, because you can change it or cancel it. You are usually the trustee at first, the person who manages trust property. You also name a successor trustee, the person who takes over if you die or can’t manage.
What does it mean to fund a trust?
Funding a trust means moving your property into the trust’s name. A trust only controls what you put in it. That can mean signing a new deed for your home and retitling bank or brokerage accounts. Property left outside the trust may still need probate. A pour-over will is a backup will that moves anything you missed into your trust.
Does a living trust protect my property?
It protects your family from probate. It does not protect your property from your own creditors or from nursing-home costs, because you still control it. For that kind of planning, see asset protection.
How do we set up your trust?
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Design
Daniel R. Klein learns about your family, property, and goals. Together you decide whether a trust fits. Sometimes a will is enough.
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Draft
Daniel prepares your trust, a pour-over will, and powers of attorney, and explains them in terms you can understand.
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Sign
We hold a signing meeting and explain what each document does.
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Fund
Daniel provides the funding help listed in your quote, such as preparing the deed for your home, and gives you clear steps for each account.
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Check
We confirm what’s in the trust and which accounts still need a beneficiary form.
Our guide on how to fund a living trust explains each step.
Is a living trust different in Arizona?
The trust itself works much the same. The big difference is how married couples own property.
If you own homes in both states. Both states allow a beneficiary deed, a deed that passes a home at death. It must be recorded before death, and your will can’t undo it (C.R.S. 15-15-401 to -413; A.R.S. 33-405). An Arizona beneficiary deed can even name your living trust. A funded trust or a beneficiary deed can keep each home out of probate in its state. If you apply for Medicaid while a Colorado beneficiary deed is in effect, you’re still treated as owning the home, and it counts as your resource (C.R.S. 15-15-403). If long-term care is a concern, it’s worth talking with us first.
In Colorado
A trust signed on or after August 7, 2013 can be changed or canceled unless it says it can’t be (C.R.S. 15-5-602). If your trust is older, ask us how it can be changed. Colorado is not a community property state. But since July 1, 2023, a Colorado law covers couples who bring community property from another state. When one spouse dies, half of that property belongs to the survivor (C.R.S. 15-20-106).
In Arizona
You can also change or cancel your trust (A.R.S. 14-10602). Arizona is a community property state. Property either spouse gets during the marriage belongs to both, except gifts and inheritances (A.R.S. 25-211). This affects how a couple’s trust is set up.
What should I bring?
- Deeds for any homes or land you own, in any state.
- A list of your accounts by type, like checking, savings, brokerage, and retirement. Values help, but aren’t required.
- Any trust, will, or beneficiary deed you’ve signed before.
- Beneficiary forms for life insurance and retirement accounts, if you have them.
- Names of the people you’d choose as successor trustee, plus a backup.
You can also print our what to bring checklist.
Please don’t email private documents, like account statements or medical records. We’ll tell you how to share them safely.
What does it cost?
You’ll get a written quote before any work begins, including what funding help is covered. See how our fees work.
Questions people ask
Should I have a will or a living trust?
It depends on your home, your family, and how much you want to avoid probate. A will is simpler to set up. A funded trust can keep your estate out of probate. See our comparison table.
What does it mean to fund a trust, and do you help with that?
Funding means moving your property into the trust’s name, such as by signing a new deed for your home. A trust that isn’t funded may not keep your property out of probate. Daniel helps with the funding steps listed in your quote and explains the rest, so nothing is missed.
Can I change my living trust later?
Usually, yes. In Arizona, you can change or cancel a revocable trust unless it says otherwise (A.R.S. 14-10602). In Colorado, the same rule applies to trusts signed on or after August 7, 2013 (C.R.S. 15-5-602). If your trust is older, ask us how it can be changed. Many people update a trust after a marriage, a death, a move, or a new grandchild.
Will a living trust protect my savings from nursing-home costs?
No. A revocable living trust doesn’t shield your property from long-term care costs, because you still control it. Other planning may help, and timing matters. See our elder law page, or ask us at your consultation.
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