Estate Planning for Colorado Gun Owners: 4 Documents You Can't Afford to Skip
If you own firearms in Colorado, you may already understand the importance of safe storage, responsible ownership, and knowing the law. But have you thought about what happens to your firearms if you die or become unable to manage your affairs?
Many gun owners make a common mistake: they create a will, place their firearms in a safe, and assume their families will know what to do next. Unfortunately, that may not be enough: especially as Colorado gun laws change in 2026.
Senate Bill 25-003, effective August 1, 2026, creates new requirements involving certain specified semiautomatic firearms. House Bill 26-1144, effective July 1, 2026, restricts the use of three-dimensional printing and similar equipment to manufacture certain firearms and firearm components.
Your estate plan should account for these laws, as well as federal rules governing NFA firearms such as suppressors and short-barreled rifles, commonly called SBRs.
The good news? You do not need to figure this out alone. With the right documents and guidance, planning can be manageable: and it can give your loved ones clear direction instead of confusion during an already painful time.
Why Firearms Require Specialized Estate Planning
Imagine this situation.
You pass away unexpectedly. Your spouse knows there are firearms in the home, but does not know exactly how many. Your adult child wants to inherit one of them, but no one knows whether that person can legally receive it. Your executor discovers a suppressor and an SBR but cannot find the registration paperwork. Meanwhile, the family is grieving and trying to understand what can be moved, stored, transferred, or sold.
This is not a situation you want your family to face.
A firearm is both a valuable personal asset and a regulated item. The people managing your estate need to know:
What you own
Where each firearm is located
Which items are subject to federal or state restrictions
Who may legally possess each item
Whether a transfer requires an FFL, ATF filing, or other procedure
What to do if a beneficiary cannot legally receive a particular firearm
A complete estate plan addresses these questions in advance.
1. A Properly Drafted Gun Trust
A gun trust is a specialized revocable trust designed to hold firearms, including NFA firearms and other firearms you own.
Unlike a basic will, a properly drafted gun trust can:
Hold firearms during your lifetime
Allow multiple legally eligible trustees to possess and manage trust property
Name successor trustees who can step in if you become incapacitated or die
Avoid probate for firearms owned by the trust
Provide a structured process for transferring firearms to beneficiaries
Include instructions for lawful storage, sale, or transfer
Address NFA items such as suppressors and SBRs
A gun trust can be particularly helpful if more than one trusted person needs lawful access to firearms. It can also create a clearer transition when you are no longer able to manage the collection yourself.
How does a gun trust interact with Colorado’s new laws?
A gun trust does not override Colorado law.
For example, SB25-003 creates restrictions and training requirements involving certain specified semiautomatic firearms. A transfer into or out of a trust must still comply with applicable law. Your trustee cannot use the trust as a shortcut around Colorado’s requirements.
However, Colorado law provides an exception for transfers that occur by operation of law or because of a person’s death. That distinction is important, but the exact circumstances of a particular transfer still matter. Your trust should give the trustee authority to pause a transfer, use an FFL, or sell an item when a beneficiary cannot legally receive it.
The trust should also address firearms affected by HB26-1144. Beginning July 1, 2026, that law prohibits most people from using three-dimensional printing, CNC milling, or similar equipment to manufacture a potentially functioning firearm, unfinished frame or receiver, large-capacity magazine, or rapid-fire device. Limited exceptions apply, including certain federally licensed manufacturers and accredited gunsmithing programs.
When you work with me, I will help ensure the trust language is coordinated with your goals, your collection, and the laws that apply to you.
2. A Will: Usually a Pour-Over Will
Even if you have a gun trust, you still need a will.
In many estate plans, that document is a pour-over will. It acts as a safety net by directing assets that were not properly transferred to your trust during your lifetime to “pour over” into the trust after your death.
Your will can also:
Name your personal representative, sometimes called an executor
Name guardians for minor children
Identify backup guardians
Provide instructions for assets that were left outside the trust
Coordinate with your gun trust and broader estate plan
If you have children, naming a guardian is essential. If you are part of a blended family, you may also need to consider how firearms should be handled when some children are legally eligible to possess them and others are not.
A will alone does not avoid probate. It also does not control assets with beneficiary designations, such as life insurance or retirement accounts. That is why your will must be coordinated with your trust, beneficiary forms, and other planning documents.
You can learn more about why a will is only one part of a complete plan in “Make-A-Will Month Is Here. But a Will Isn’t a Plan”.
3. Durable Powers of Attorney: Financial and Medical
Estate planning is not only about what happens after death. What if you are seriously injured, hospitalized, or unable to make decisions for yourself?
A durable financial power of attorney names someone to manage financial and legal matters if you become incapacitated. Depending on the document, that person may be able to:
Pay bills and taxes
Manage bank and investment accounts
Maintain your home and firearm storage
Communicate with attorneys, dealers, and other professionals
Handle insurance and business matters
Take steps to preserve or lawfully transfer property
A medical power of attorney or healthcare directive addresses medical decisions. It allows someone you trust to communicate with doctors and make healthcare decisions when you cannot make them yourself.
These documents matter for every adult, but they are especially important for firearm owners. If you become incapacitated, someone may need clear authority to secure your firearms, access records, communicate with your trustee, or coordinate with your family.
Choose these agents carefully. They should be trustworthy, willing to act, and legally eligible to possess or handle firearms if their responsibilities require access to them.
Your estate plan should also distinguish between the person managing your finances, the person making healthcare decisions, and the person serving as trustee. These roles can be held by the same person, but they do not have to be.
4. Beneficiary Designations, a Firearm Inventory, and Letter of Intent
The final piece is practical: make sure your family can find the information they need.
Start by reviewing beneficiary designations on:
Life insurance policies
Retirement accounts
Payable-on-death accounts
Transfer-on-death accounts
Other financial assets
These designations may control who receives an asset, even if your will says something different. Review them whenever you marry, divorce, have a child, lose a beneficiary, or make a major change to your estate plan.
Then create a private, current firearm inventory. It should include:
Manufacturer and model
Caliber or gauge
Serial number, if applicable
Whether the item is an NFA firearm
Copies or locations of ATF paperwork
Current storage location
Purchase records or appraisals, when relevant
Any applicable trust ownership information
You may also create a letter of intent. Unlike your trust or will, this letter is generally not the controlling legal document. Instead, it provides practical guidance about your wishes.
You might explain:
Who you hope will receive particular firearms
Which items should remain together
Who should contact your attorney or FFL
How the firearms should be stored while the estate is administered
What safety practices your family should follow
What should happen if a beneficiary cannot legally possess an item
Whether the trustee should sell an item and distribute the proceeds instead
Keep this information secure. You do not need to list sensitive details in a document that could become public through probate. Your attorney can help you decide what belongs in the trust, what belongs in a private inventory, and who should have access.
Federal NFA Rules
NFA firearms require special attention. If you own a suppressor, SBR, or another NFA-regulated item individually, your executor generally must file ATF Form 5, and the heir may need to wait for approval before the transfer is complete.
When NFA firearms are owned through a properly established gun trust, the successor trustee can step into the trustee role without a new Form 5 for that change in control. The trust still needs to be administered carefully, and beneficiaries must be legally eligible to possess the firearms.
What You Should Do Now
Do not wait until a crisis forces your family to make decisions without guidance.
Take these steps:
Locate your current will, trust, powers of attorney, and beneficiary forms.
Create or update your firearm inventory.
Identify NFA firearms and gather their ATF records.
Review who would serve as trustee, personal representative, and agent.
Discuss your wishes with the people who may need to act.
Have your plan reviewed for compliance with Colorado gun laws in 2026.
Update your plan after major life changes or legal developments.
You can also review the official Colorado legislation for SB25-003 and HB26-1144. These laws are complex, and general summaries cannot replace individualized advice.
Your firearms may carry financial value, family history, personal meaning, or all three. Planning does not diminish that meaning. It protects your collection and, more importantly, protects your family from uncertainty.
When you work with me, I will help you organize the moving parts and create a plan tailored to your family, your firearms, and your wishes. Schedule a complimentary call to begin.
The time is now. A properly coordinated plan can provide peace of mind, lawful administration, and clear direction for the people you love.
This article is for general educational and informational purposes only. It is not legal, tax, firearms, or investment advice and does not create an attorney-client relationship. Colorado and federal laws may change, and the application of those laws depends on your specific circumstances. Consult a qualified attorney and tax professional before making decisions about firearms, trusts, transfers, or estate taxes.
