Should I use a trust to avoid probate?

A trust can help you avoid probate if it has been managed correctly and all assets that are owned or have been acquired were properly titled in the name of the trust.  However, in Colorado the probate process is fairly simple and very inexpensive.  There usually isn’t a reason to try to avoid probate in Colorado although some advertisements use the fear of probate to urge people to purchase expensive trust packages.  In Colorado the courts charge a small filing fee to open an estate or file documents with the court but neither the court or government takes a portion of a person’s estate through probate.  Some states have high fees associated with probate and they will take a percentage of the deceased’s estate.  In these states a trust is necessary to avoid this charge and avoid probate.  In Colorado, that should not be a concern.