Estate planning basics in Colorado

State rules are general information kept current by Legacy Guard, last reviewed October 21, 2026. Your attorney's advice comes first. Figures that are adjusted each year are given for the year stated.

What this means for your plan

• Colorado has no state estate tax, so only the federal exemption of $15 million per person (2026) applies. Most families will not owe federal estate tax, but a plan still decides who gets what and how smoothly.
• A transfer on death deed can pass your home to a named person without probate. It does not replace a trust, and it needs to be coordinated with one, but it is a simple tool worth asking about.
• Small estate rules only matter if little or nothing goes through probate. A funded trust and up to date beneficiary designations are what keep an estate small in the first place, and that is exactly what the Legacy Guard annual review checks each year.

Questions about Colorado

Does Colorado have an estate tax?

No. Colorado has no state estate tax. The federal estate tax exemption is $15 million per person for 2026.

Does Colorado have an inheritance tax?

No. Colorado does not tax what an heir receives.

Is Colorado a community property state?

No. Colorado is a common law property state. Colorado has an informal probate option that is simpler than most states, but it is still a court process that takes at least six months. Living trusts and beneficiary deeds are common, especially when a family owns property in more than one state.

Does Colorado allow a transfer on death deed for real estate?

Yes. Colorado allows a beneficiary deed for real estate.

What is the small estate limit in Colorado?

Affidavit for personal property up to $88,000 for deaths in 2026 (adjusted each year), ten days after death. Real estate cannot pass by affidavit.