Irrevocable Trust - Colorado
IRREVOCABLE TRUST AGREEMENT
This Irrevocable Trust Agreement is signed on [__/__/____] by [SETTLOR FULL NAME], of [ADDRESS] (Settlor), and [INITIAL TRUSTEE FULL NAME], of [ADDRESS] (Trustee), for [LIFETIME BENEFICIARY FULL NAME] (Lifetime Beneficiary).
1. Creation and property
Settlor now transfers the property identified on Schedule A to Trustee, who accepts it to hold as the [TRUST NAME]. Settlor reserves no unilateral right to revoke, amend, or reclaim this trust. Settlor is not a beneficiary. Trustee may accept later contributions from Settlor or others and shall record each transfer and its source.
Listing Colorado real property on Schedule A alone does not place record title in Trustee. For any such property, Settlor shall execute an appropriate deed conveying it to Trustee and submit the deed for recording with the county clerk and recorder. Attach the executed deed or recording information to the trust records.
2. Lifetime distributions
During Lifetime Beneficiary's life, Trustee may distribute income and principal to or for that person's health, education, maintenance, support, and welfare. Trustee shall act in good faith according to this trust's purposes and the beneficiaries' interests, as C.R.S. § 15-5-814 requires. Undistributed income is added to principal. No beneficiary may compel a particular discretionary payment merely by requesting it.
3. Spendthrift restriction
Before actual receipt, a beneficiary may not voluntarily transfer an interest in this trust, and that interest may not be involuntarily transferred or reached by a creditor, to the extent C.R.S. §§ 15-5-502 and 15-5-503 permit. The restriction does not displace statutory exceptions or a trustee's duty to administer the trust.
4. Trustee administration and reports
Trustee may retain, invest, reinvest, sell, lease, insure, and manage property, employ advisers, and make authorized distributions, subject to fiduciary duties and C.R.S. § 15-5-815. Trustee shall keep property separate, maintain accounts and records, and provide the notices and information required by C.R.S. § 15-5-813, including the applicable 60-day notices to qualified beneficiaries. Trustee shall send reports at least annually and on termination to permissible distributees and to other qualified beneficiaries who request them, as that section requires. Trustee may receive compensation of [RATE OR METHOD] and reimbursement of proper administration expenses.
5. Successor trustees
If Trustee cannot or will not serve, [FIRST SUCCESSOR FULL NAME AND ADDRESS] shall serve; if unavailable, [SECOND SUCCESSOR FULL NAME AND ADDRESS] shall serve. A successor shall accept in writing and receive trust property and records. If neither named successor serves, the vacancy shall be filled under C.R.S. § 15-5-704.
6. Modification and proceedings
This trust is irrevocable. Any modification or termination by consent must satisfy C.R.S. § 15-5-411, including its required consents and court findings where applicable. Other modification, termination, reformation, combination, or division methods may be available under Colorado law; nothing here narrows the court's powers under C.R.S. § 15-5-105. A trustee may seek judicial instructions or relief, but does not acquire an independent power to amend merely by signing with qualified beneficiaries.
An interested person may bring an administration proceeding in the Colorado district court or, in the City and County of Denver, the Denver Probate Court, as C.R.S. § 15-5-203 provides. This agreement requires no arbitration, pre-suit cure period, automatic fee award, or jury waiver. It does not excuse breach of trust or cap a trustee's personal liability at the trust's value.
7. Lifetime Beneficiary's death and remainder
At Lifetime Beneficiary's death, Trustee shall pay properly payable trust expenses and taxes, then distribute 100% of the balance to [PRIMARY REMAINDER BENEFICIARY FULL NAME AND ADDRESS]. If that person does not survive Lifetime Beneficiary, distribute 100% to [ALTERNATE REMAINDER BENEFICIARY FULL NAME AND ADDRESS]. If neither survives, distribute 100% to [NAMED CHARITY, ADDRESS, AND EIN]; if it no longer exists, Trustee shall select a substantially similar charity. Trustee shall issue a final report and close the trust after distribution.
8. Governing law and severability
Colorado law governs this trust, subject to mandatory law applicable to particular property. If a provision is unenforceable, the others continue to the extent they can lawfully serve the trust's purposes.
Schedule A — Property transferred now
| Property and identifying details | Value, if known | Transfer evidence or date |
|---|---|---|
| [DESCRIPTION OF ASSET OR FUNDS] | [AMOUNT] | [ASSIGNMENT / DEED / DATE] |
Settlor confirms ownership and transfer of the listed property. Trustee acknowledges receipt of it or a separate transfer instrument.
Signatures
Settlor: ______________________________ Date: [__/__/____]
Printed name: [SETTLOR FULL NAME]
Trustee acceptance: ______________________________ Date: [__/__/____]
Printed name: [INITIAL TRUSTEE FULL NAME]
About this template
- Last updated
- October 21, 2026
- Citations checked
- October 21, 2026
- Jurisdiction
- Colorado
- Category
- Estate Planning & Wills
Legal authority
- C.R.S. § 15-5-105
- C.R.S. § 15-5-203
- C.R.S. § 15-5-401
- C.R.S. § 15-5-402
- C.R.S. § 15-5-411
- C.R.S. § 15-5-502
- C.R.S. § 15-5-503
- C.R.S. § 15-5-704
- C.R.S. § 15-5-813
- C.R.S. § 15-5-814
- C.R.S. § 15-5-815
- C.R.S. § 15-5-1008
- C.R.S. § 15-5-1010
- C.R.S. § 38-30-113
- C.R.S. § 38-35-109
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 21, 2026.
C.R.S. § 15-5-1008(1)(a) (checked October 21, 2026): "Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries"
C.R.S. § 15-5-1010(2) (checked October 21, 2026): "A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault."
C.R.S. § 15-5-105(2)(d) (checked October 21, 2026): "The power of the court to modify or terminate a trust pursuant to sections 15-5-410 to 15-5-416"
C.R.S. § 15-5-203(1) (checked October 21, 2026): "The district court or, in the city and county of Denver, the probate court, has exclusive jurisdiction of proceedings in this state brought by a trustee, trust director, or beneficiary concerning the administration of a trust."
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