Colorado Probate Blog - Wade Ash Woods Hill & Farley, P.C.

Colorado's New Trust Decanting Statute

Effective August 10, 2016, the Colorado legislature enacted C.R.S. § 15-16-901 et seq., the Colorado Uniform Trust Decanting Act (the “Act”). “Decanting” generally refers to the distribution of trust property from one trust to another trust pursuant to a trustee’s discretionary power to make distributions for beneficiaries. New York was the first state to enact a trust decanting statute in 1992; now, nearly half of the states, including Colorado, have specific statutes addressing and authorizing trust decanting in various forms.

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