Colorado § 38-34-104 - Death of trustee.
Full text of Colorado Colorado Revised Statutes § 38-34-104 — Death of trustee., with citation guidance and answers to common questions.
§ 38-34-104. Death of trustee.
Upon the death of a sole trustee or the surviving trustee of an express trust created by any written instrument affecting title to real property, the trust shall not descend to the heirs of such trustee nor pass to his personal representative, but the trust if then unexecuted shall vest in the then public trustee and his successors in office of the county wherein the real estate is situate, with all powers of the original trustee. The district court may, upon application of any party in interest, appoint a new trustee except in such cases where by law or by the instrument a successor in trust is provided, and in such cases the trust shall vest in such successor.
Source: L. 27: p. 606, § 48. CSA: C. 40, § 155. CRS 53: § 118-8-5. C.R.S. 1963: § 118-8-5.
Cross references: For succession of title to property held in trust for churches or religious societies, see § 7-52-105.
ANNOTATION
Law reviews. For article, "Title to Colorado Real Property Held in Trust", see 31 Colo. Law. 85 (May 2002).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-34-104
What does Colorado Revised Statutes § 38-34-104 cover?
Section 38-34-104 ("Death of trustee.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-34-104?
A common citation format is "Colorado Revised Statutes § 38-34-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-34-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.