Title in the Name of a Trust

An application for a Colorado title under a trust agreement requires (includes out-of- state-trusts):

• DR 2170 Trustee’s Statement for Certificate of Title

• The title must be issued in the name of the Trust exactly as indicated on the DR 2170 form.

• Trustee(s) name(s) cannot be shown on the title, but all trustees’ names must be listed on the DR 2170 form.

• Only one trustee’s signature is required on the DR 2170 form.

• The trustee must present Secure and Verifiable Identification.

Examples: of Names of Trusts:

John Smith Trust John Smith Estate Trust

John Smith Living Trust Estate of John Smith Trust

John Smith Living Trust John Smith Revocable Living Trust

John Smith Tax Trust John Smith Living Partnership Trust

Out-of-state Titles in the name of the Trust, being Transferred:

• Copy of the Trust document showing the Trustee(s)

  • Per C.R.S. 15-5-1013(1), instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

    • That the trust exists and the date the trust instrument was executed;

    • The identity of the settlor;

    • The identity and address of the currently acting trustee;

    • The powers of the trustee in the pending transaction;

    • The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

    • The authority of co-trustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and

    • The name in which title to trust property may be taken.

• See Applying for Title for additional documents required

Tips and Notes about Trusts

• There are no restrictions on the name of the trust. The name has no effect on the validity of the trust.

• Trustee may give Power of Attorney, but the Trustee must sign the DR 2170 form.

• County Clerks may investigate or pursue any further information about the trust. This is not required as part of the title application.

• Dates are acceptable as part of the name if included in the actual name of the trust.

• A title can be issued in the name of the trust and an individual or business name, as long as the individual is not a trustee, CRS 15-1-501.

•  When the vehicle is sold, and the title transferred, the trustee will sign the title “as trustee”. Only one trustee’s signature is required.  A copy of the trust document is required on Colorado titles with an acceptance date before 12/01/2002.  This date indicates when the DR2170 started being required and should therefore already be on record.

  • Writing the word "trustee" after the seller's name is the best practice, but not required.

• Titles in the name of a trust being transferred to a trustee will require a DR 2444 Statement of Fact stating, “they are a true trustee and have the right to assign the title to themselves”.