(1) A trust may acquire, convey, encumber, lease, or otherwise deal with any interest in real or personal property in the name of the trust.
(2) In order to evidence the existence of a trust and the authority of one or more trustees to act on behalf of the trust with respect to an interest in real property held in the name of the trust, any trustee of the trust may execute and record with the county clerk and recorder of the county in which the real property is located, a statement of authority pursuant to section 38-30-172 (2).
(3) The provisions of subsection (1) of this section shall also apply to any interest in real or personal property that is already in the name of the trust as of August 8, 2001. Nothing in this section shall be construed to be the exclusive manner in which title to an interest in real or personal property may be held by or on behalf of a trust, and title to an interest in real or personal property may be held by or on behalf of a trust in any other manner permitted by law.
Source: L. 2001: Entire section added, p. 399, § 2, effective August 8.
ANNOTATION
Law reviews. For article, "Entity and Trade Name Registration: 2001 Update", see 30 Colo. Law. 81 (Oct. 2001). For article, "Title to Colorado Real Property Held in Trust", see 31 Colo. Law. 85 (May 2002). For article, "Entity and Trade Name Filing Requirements and Customs in Colorado — Part I", see 41 Colo. Law. 57 (Nov. 2012). For article, "Entity and Trade Name Filing Requirements and Customs in Colorado — Part II", see 41 Colo. Law. 25 (Dec. 2012). For article, "Creditors Attacking the Trust, 20 Years after Lagae v. Lackner", see 49 Colo. Law. 42 (July 2020). For article, "Beneficiary Deeds in Colorado–20 Years Later", see 54 Colo. Law. 32 (Mar. 2025).
Nothing in this section suggests that the legislature intended to alter any other ownership interests in trust assets, including the ownership interest held by the settlor of a revocable trust. Pandy v. Indep. Bank, 2016 CO 49, 372 P.3d 1047.