Who Gets a Copy of a Trust?

One of the reasons to create a trust instead of a will is to keep your estate private after you pass away. The information contained in a trust is not public record and does not move through the probate process (in contrast to a will). In fact, trusts aren’t recorded anywhere in the court system. So, who actually gets a copy of these private documents?

The trust can state who is entitled to receive information regarding the trust.  If the person who created the trust is still alive (trustor), no one besides the trustee (the person responsible for managing the trust) is required to have a copy of the trust. Even after the trustor passes away, beneficiaries and heirs may not automatically get a copy of the trust. In some states, if you want to obtain a copy of a trust, you must ask in writing for the trustee to provide a copy. In the state of Colorado, trustees are required by law to notify beneficiaries about the trust – typically within 60 days after the trustor’s death.

Some people decide to share their trust document freely with family members and others named in the document well before they pass away. This is completely legal and is at the discretion of the trustor.

There are other entities that may request a copy of the trust:

• Banking institutions
• Accountants
• Title companies when selling a property owned by the trust

If you have an attorney create a trust, you may wish to have them keep a copy of your trust.

The Denver trust agreement lawyers at The Brown Law Firm, LLC can help you request a copy of a trust in Colorado. Contact us today at (303) 339-3750 or send us a message online to meet with our team of experts.