How Important Is Your Colorado Estate Plan?
Crafting an estate plan in Colorado is one of the most important things a person can do as an adult. It helps prepare you and your family for the future and ensures that your wishes are known. Your estate plan is your voice, speaking for what you believe is the right way forward for your assets and your family.
At Caton Law, LLC, attorney Shari Caton has been a dedicated and trusted estate planning and probate lawyer for more than 20 years. When you come to her, she’ll listen to your concerns about your future and help you build the estate plan you believe is right for your family.
How Attorney Shari Caton Makes A Difference
As your lawyer, Ms. Caton will listen to all of your questions and work hard to get you the specific answers you need. She takes the time necessary to understand your financial situation and health concerns. She will use that information to tailor a plan specifically for you, which can include:
- Wills
- Trusts
- Living wills
- Powers of attorney
- Advance directives
- Guardianships or conservatorships
These documents and plans will help craft the foundation for your family’s future without you. More than settling financial issues, a strong estate plan makes for a simpler, less disruptive process for your heirs.
What Happens If I Die Without A Will In Colorado?
If you pass away without a valid will, your estate is considered “intestate.” In this situation, you lose the power to decide who receives your property. Instead, Colorado law uses a process called Intestate Succession to distribute your assets. This is essentially a “one-size-fits-all” list created by the state (§15-11-101, C.R.S.) that dictates which relatives inherit and in what order.
Furthermore, without a will, you cannot choose your personal representative (the person who manages your final affairs). Instead, the court will appoint someone to this role. This could result in a person you would not have chosen making major financial and legal decisions for your estate. Taking the time to create a will ensures that your choices, not state defaults, guide your legacy.
What Type Of Medical Decisions Can I Include In My Estate Plan?
By planning ahead, you can ensure you receive the medical care you want while sparing your family from making agonizing choices during a crisis. Including medical directives in your estate plan allows you to:
- Appoint a medical power of attorney: Choose a trusted person to make health care decisions for you if you become unable to speak for yourself.
- Choose your care environment: Express your preference for staying at home versus a facility if your health declines significantly.
- Outline resuscitation wishes: Provide clear instructions regarding CPR and other life-saving measures.
- Manage life-sustaining technology: Decide on the use of pacemakers, ventilators or other machines that keep the body functioning.
- Direct artificial nutrition: Specify if you wish to be fed through tubes and under what specific conditions.
- Decide on organ and tissue donation: Formally state your wishes regarding donation to help others.
Having these medical decisions in place provides your family with a clear roadmap, reducing the risk of confusion or legal disputes during emotional times.
Does Colorado Have An Inheritance Or Estate Tax?
Many families worry that the government will take a large portion of their hard-earned legacy. The good news for residents is that Colorado does not have a state estate tax or a state inheritance tax. While the federal government does have an estate tax, the current exemption is very high. For 2026, the federal exemption is $15 million per person. This means the vast majority of Colorado families will not owe any federal estate taxes. However, even if your estate isn’t “taxable,” a professional plan is still vital to avoid the costs and delays of a messy probate process.
Colorado Estate Planning FAQ
Estate planning in Colorado involves decisions that shape how your assets, responsibilities and wishes are handled in the future. The answers to these common questions offer practical guidance as you build or refine your plan.
Should you create a will or a trust in Colorado?
Since a will and a trust serve different purposes, Colorado residents benefit from having both. A will allows you to name guardians for minor children and outline how personal property should pass, while a trust can help manage assets during your lifetime and streamline transfers after death.
Trusts are particularly useful for avoiding probate, maintaining privacy and providing long‑term structure for beneficiaries who may need oversight or staged distributions. When used together, these tools create a more complete and flexible estate plan that adapts to changing needs over time.
What is different for estate planning with married couples compared to unmarried couples?
Married couples in Colorado often have automatic legal protections that simplify certain estate planning decisions, including rights related to inheritance and medical decision-making. Unmarried couples do not receive these default protections, which means they must be more intentional about documenting authority for financial and health care decisions.
Tools such as powers of attorney, beneficiary designations and co‑ownership arrangements are especially important for unmarried partners who want to ensure their wishes are honored. Taking time to clarify these decisions helps prevent confusion and reduces the risk of disputes among family members.
Under what circumstances should you update your Colorado estate plans?
Estate plans should be reviewed whenever major life events occur, because outdated documents can create unintended outcomes. Common reasons for an update include:
- Marriage or divorce
- Birth or adoption of a child or grandchild
- Significant changes in assets
- The death of someone named in your plan
You should also revisit your documents if you move to Colorado from another state, since local laws may affect how your plan functions. Regular updates help ensure your documents always reflect your current priorities and continue to protect the people and property that matter most.
Settle Your Affairs With Confidence
As you work towards your retirement and look to the future for your family, attorney Shari Caton will look after the legal side of things. She’ll treat your assets and priorities with all the care and discretion they deserve. To set up a meeting with her, call 720-316-2769 or send an email using this online form.