What’s the Difference Between a Will and a Trust in Colorado?

If you’ve been thinking about getting your affairs in order, you’ve probably heard of a will and a trust—but what’s the real difference? While both play a key role in estate planning, there are common misconceptions about how they work and when each is appropriate. In this blog, we’ll briefly break down a couple differences between wills and trusts in Colorado and explain how partnering with Evergreen Law in the Colorado Springs area can help you choose the right approach for your unique needs.

What is a will?

A will is a legal document that outlines how your assets should be distributed after your death. In Colorado, it also allows you to name a personal representative (executor) to manage your estate and to nominate a guardian for minor children. A will is often the starting point for an estate plan, especially for individuals with modest estates or simple distribution wishes.

However, one of the biggest misconceptions about wills is that they help avoid probate. In truth, a will must go through Colorado’s probate process, where the court oversees the administration of your estate. While having a will makes probate more straightforward by clearly expressing your wishes, it does not eliminate the need for court involvement.

What is a trust?

A trust is a legal arrangement that allows you to transfer ownership of assets into the trust during your lifetime. The most common type in Colorado is a revocable living trust, which you can manage and modify while you're alive. Upon your death, the trust continues to operate without court intervention, allowing for a smoother transfer of assets.

Unlike a will, a trust can help you avoid probate—but only if your assets are properly titled in the trust’s name. Trusts are also beneficial for planning in case of incapacity, maintaining privacy (since they don’t become public records like wills), and providing ongoing management for minor children or beneficiaries who may not be ready to inherit.

Key Differences Summarized

Feature	Will	Trust
Avoids Probate	No	Yes
Contingency Planning	Limited	Strong
Public Record	Yes	No
Planning for Incapacity	Limited	Strong
Cost	Lower upfront	Higher upfront but more efficient long term

Comprehensive Estate Planning in Colorado

While wills and trusts are important tools, a truly effective estate plan in Colorado goes beyond just choosing one or the other. At Evergreen Law, we believe in a comprehensive approach that also includes:

·       Powers of Attorney (financial and medical) to address incapacity;

·       Advance Directives to guide end-of-life medical decisions;

·       Proper beneficiary designations; and

·       Asset alignment to ensure all property is properly integrated with your estate plan.

Without these additional pieces, your family may face unnecessary legal hurdles like guardianship or conservatorship proceedings.

Whether you need a Will, a Trust, or a complete estate plan, Evergreen Law is here to guide you through every step of the process. We work with individuals and families across Colorado Springs and the surrounding areas to create personalized estate plans that offer clarity, control, and peace of mind.

Don’t wait until it’s too late—contact Evergreen Law today for a free consultation and take the first step toward protecting your family, your assets, and your legacy.