Title 15, Probate, Trusts, and Fiduciaries

This short title of this part 8 is the Colorado Uniform Directed Trust Act. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 166, � 1, effective August 2.

As used in this part 8, unless the context otherwise requires: (1) Breach of trust includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this part 8, or law of this state other than this part 8 pertaining to t…

(1) This part 8 applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (a) If the trust was created before August 2, 2019, this part 8, as amended in 2019, applies only to a decision or action occurring …

The common law and principles of equity supplement this part 8, except to the extent modified by this part 8 or law of this state other than this part 8. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 168, � 1, effective August 2.

(1) In this section, power of appointment means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (2) This act does not apply to a: (a) Power of appointment; (b…

(1) Subject to section 15-16-807, the terms of a trust may grant a power of direction to a trust director. (2) Unless the terms of a trust provide otherwise: (a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction gra…

(1) A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction regarding: (a) A payback provision in the terms of the trust necessary for compliance with the reimbursement re…

(1) Subject to subsection (2) of this section, with respect to a power of direction or a further power under section 15-16-806 (2)(a): (a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (I) If the power is held individually…

(1) Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section 15-16-806 (2)(a), and the trustee is not liable for the action. (2) A di…

(1) Subject to section 15-16-811, a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (a) The powers or duties of the trustee; and (b) The powers or duties of the director. (2) Subject to section 15-16-811, a trust …

(1) Unless the terms of a trust provide otherwise: (a) A trustee does not have a duty to: (I) Monitor a trust director; or (II) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently tha…

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a …

(1) An action against a trust director for breach of trust must be commenced within the same limitations period as an action against a trustee for a similar breach of trust as prescribed by section 15-5-1005. (2) A report or accounting has the same effect on the limitations perio…

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee. Source: L. 2019: Entire part R&RE, (SB 19-105), ch.…

(1) By accepting appointment as a trust director of a trust subject to this part 8, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director. (2) This section does not preclude other methods of obtai…

(1) Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: (a) Acceptance under section 15-5-701; (b) Giving of bond to secure performance under section 15-5-702; (c) Reasonable compensation unde…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 173, � 1, effective August 2. 15-16-818.…

This part 8 modifies, limits, or supersedes the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any…

The short title of this part 9 is the Colorado Uniform Trust Decanting Act. Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 869, � 1, effective August 10.

As used in this part 9, unless the context otherwise requires: (1) Appointive property means the property or property interest subject to a power of appointment. (2) Ascertainable standard means a standard relating to an individual's health, education, support, or maintenance wit…

(1) Except as otherwise provided in subsections (2) and (3) of this section, this part 9 applies to an express trust that is: (a) Irrevocable; or (b) Revocable by the settlor only with the consent of the trustee or a person holding an adverse interest. (2) This part 9 does not ap…

(1) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (2) This part 9 does not create or imply a duty to exercise the decanting power or to in…

(1) This part 9 applies to a trust created before, on, or after August 10, 2016, which: (a) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or (b) Provides by its trust instrument t…

A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this part 9, law of this state other than this part 9, or the law of another jurisdiction is not liab…

(1) In this section, a notice period begins on the day notice is given under subsection (3) of this section and ends sixty-two days after the day notice is given. (2) Except as otherwise provided in this part 9, an authorized fiduciary may exercise the decanting power without the…

(1) Notice to a person with authority to represent and bind another person under a first-trust instrument or this part 9 has the same effect as notice given directly to the person represented. (2) Consent of or waiver by a person with authority to represent and bind another perso…

(1) On application of an authorized fiduciary, a person entitled to notice under section 15-16-907 (3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may: (a) Provide in…

An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by section 15-16-907, identify the first trust and the second trust or trusts and state the property of the first…

(1) As used in this section, unless the context otherwise requires: (a) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficia…

(1) As used in this section, unless the context otherwise requires, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (2) An authorized fiduciary that has limited distribut…

(1) As used in this section, unless the context otherwise requires: (a) Beneficiary with a disability means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently …

(1) As used in this section, unless the context otherwise requires: (a) Determinable charitable interest means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified ti…

(1) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of: (a) The decanting power; or (b) A power granted by state law to the fiduciary to distribute part or all of the principal of the trust to anot…

(1) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless: (a) All qualified beneficiaries of the second trust consent to th…

(1) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (2) A second-trust instrument may provide for indemnification of an authoriz…

(1) An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: (a) The person holding the power consents to the modification in a signed record and the mod…

(1) As used in this section, unless the context otherwise requires: (a) Grantor trust means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. secs. 671-677, as amended, or 26 U.S.C. sec. 679, as amended. (b) Internal revenue code means the fed…

(1) Subject to subsection (2) of this section, a second trust may have a duration that is the same as or different from the duration of the first trust. (2) To the extent that property of a second trust is attributable to property of the first trust, the property of the second tr…

An authorized fiduciary may exercise the decanting power regardless of whether under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise. Sou…

(1) If exercise of the decanting power would be effective under this part 9 except that the second-trust instrument in part does not comply with this part 9, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust att…

(1) As used in this section, unless the context otherwise requires: (a) Animal trust means a trust or an interest in a trust created to provide for the care of one or more animals. (b) Protector means a person listed under section 15-11-901 (3)(d) with authority to enforce the tr…

A reference in this title 15 to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust. Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 889, � 1, effective August 10.

(1) For purposes of law of this state other than this part 9, and subject to subsection (2) of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the d…

(1) Except as otherwise provided in subsection (3) of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acqu…

A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 889, � 1, …

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 890, � 1, effective August 10. 15-16-9…

This part 9 modifies, limits, or supersedes the “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the …

If any provision of this part 9 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 9 which can be given effect without the invalid provision or application, and to this end the provisions …

C.R.S. 15-16-931Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services…