An older man with white hair and a beard, smiling, wearing a dark suit, white shirt, and blue tie, standing in front of a bookshelf filled with law books.

David W. Kirch, Founding Partner

Mr. Kirch is the Founding Attorney of Kirch Law PC. His practice focuses on estate planning, estate and trust administration, real estate and related areas of the law. He is a Colorado native and served a year in Vietnam before returning to Colorado to complete his law school education.

He has consistently received Five Star ratings by clients and other attorneys, including being listed in the 2025 edition of The Best Lawyers in America for Elder Law and Trusts and Estates and was recognized in the 2025 edition of Super Lawyers Magazine for Estate Planning and Probate.

Over the years, he has received many other professional awards and recognitions, including 2025 Client Champion Silver Distinction; Lawyers.com Judicial Edition AV Preeminent (given to 5% of attorneys); and Judicial Edition (Highest Possible Rating in Both Legal Ability and Ethical Standards) based on opinions of members of the Bar and Judiciary.

Mr. Kirch has served as a lecturer on trusts and estates at the University of Denver Law School. He earned his B.A. degree, summa cum laude, from California Lutheran College and his J.D. degree from the University of Colorado, where he was a member of The Order of the Coif. Since 1998, he has been co-editor of the Estate and Trust Forum of the Colorado Lawyer and is also a fellow of the American College of Trust and Estate Counsel.

Mr. Kirch is a past chairman of both the Trust and Estate Section and the Statutory Revisions Committee of the Probate and Trust Section of the Colorado Bar Association. From 2009 to 2019, he served as liaison between the Real Estate Section and the Trust and Estate Section of the Colorado Bar Association.

Resume

  • Law Practice

    • Client Distinction Award (2014 – 2025) – Martindale-Hubbell (awarded to only 1% of attorneys for excellence in quality of service, overall value, responsiveness, and communication ability.

    • AV Preeminent Rating – Martindale-Hubbell award for being outstanding in Probate and Estate Planning(Trusts and Estates) (1995-present)

    • Super Lawyers Magazine – Listed under Estate Planning and Probate (2006 – 2013; 2015 – Present)

    • Fellow, American College of Trust and Estate Counsel (1991 – Present)

    • The Best Lawyers in America – Trusts and Estates (1995 – 1996; 2016 – Present) and Elder Law (2016 – Present)

    • Lecturer in Law, University of Denver Law School – Estates and Trusts (1987 – 1990)

    • 5280 Magazine – Named one of Denver’s Top Lawyers, Trusts and Estates Category

    • Attended Heckerling Institute on Estate Planning, University of Miami School of Law (multiple years)

    • Attended ALI‑ABA Estate Planning in Depth Program, University of Wisconsin Law School (1981)

    Law School

    • Storke Scholar – One of five highest scholastic averages after first semester

    • E.V. Dunklee Law Award – Outstanding Freshman Law Student

    • Order of the Coif – Honor society for top 10% of law school graduates

    Other Professional Activities

    • Coordinating Editor, Estate and Trust Forum for the Colorado Lawyer (1998 – Present)

    • Chair, Colorado Lawyer Editorial Board (2017 – 2018)

    • Member, Colorado Lawyer Editorial Board (2014 – 2020)

    • Liaison, Real Estate Section and Trust & Estate Section, Colorado Bar Association (2009 – 2019)

    • Co-Chairman, Guardian ad Litem Subcommittee, Trust Section, Colorado Bar Association (2014 – 2019)

    • Chairman, Probate and Trust Law Section, Colorado Bar Association (1994 – 1995)

    • Member, Colorado Bar Association Probate Council (1986 – 1988)

    • Chairman, Statutory Revisions Committee, Probate and Trust Law Section, Colorado Bar Association (1988 – 1990)

    • Co-Chairman, Model Will and Trust Forms Committee, Probate and Trust Law Section, Colorado Bar Association (1989 – 1992)

    • Chair, Capacity Legislation Subcommittee, Trust and Estate Section, Colorado Bar Association (2013 – 2014)

    • Chairman, Legislative Committee, Community Association Institute – Rocky Mountain Chapter (1987 – 1990)

    • Chairman, Committee drafting and seeking enactment of the Colorado Common Interest Ownership Act (1988 – 1991; enacted in 1991)

    • Member, Denver Bar Association (1974 – Present)

    • Member, Colorado Bar Association (1974 – Present)

    • Member, Probate and Trust Law Section, Colorado Bar Association (1974 – Present)

    • The Colorado Common Interest Ownership Act, 21 Colo. Law. 645 (1992)

    • Are You and Your Clients on the Same Estate Planning Path?, 7 Journal of Financial Planning 62 (1994)

    • Avoiding Appreciation in Trust Assets Being Treated as Marital Property, 27 Colo. Law. 57 (1998)

    • The Imposition of Constructive Trusts and Other Concepts at Probate – Part I, 27 Colo. Law. 41 (1998)

    • The Imposition of Constructive Trusts and Other Concepts at Probate – Part II, 28 Colo. Law. 49 (1999)

    • Conservatorship Proceedings, 30 Colo. Law. 5 (2001)

    • Claims Against an Estate for Care Rendered to a Decedent, 33 Colo. Law. 93 (2004)

    • Constructive Trusts, 146 No. 7 Trusts & Estates 50 (2007)

    • A Donor’s Rights to Disposition of Assets Versus Undue Influence Protection, 39 No. 10 Colo. Law. 47 (2010)

    • Balancing Discretion to Give and Undue Influence Concerns, 38 No. 8 Estate Planning 28 (2011)

    • Dealing With a Decedent’s Mineral Interests, 44 No. 2 Colo. Law. 53 (2015)

    • Estate Planning Tools for Second Marriages, 45 No. 12 Colo. Law. 45 (2016)

    • Co-author with Emily L. Bowman, Avoiding Pitfalls for Minor Beneficiaries of IRAs and Other Qualified Retirement Benefits, 46 No. 9 Colo. Law. 46 (2017)

    • The Impacts of Trusts on Public Benefits for Disabled Persons, 46 No. 10 Colo. Law. 43 (2017)

    • Co-author with Gerard F.B. Deffenbaugh, Helpful Ethics Opinions for Trust and Estate and Elder Law Practitioners, 47 No. 7 Colo. Law. 48 (2018)

    • Co-author with Gerard F.B. Deffenbaugh, How Powers of Appointment Affect Irrevocable Trust Remainder Interests in Dissolution of Marriage Proceedings: Four Approaches, 48 No. 11 Colo. Law. 48 (2019)

    • Co-author with Emily L. Bowman and Gerard F.B. Deffenbaugh, The Treatment of SLATs in the Event of a Dissolution of Marriage, 53 No. 5 Colo. Law. 53 (2024)

    • Chapter 51: Equitable Remedies, The Orange Book Handbook – Colorado Estate Planning Handbook, Vol. 1 & 2 (2016 – Present)

  • University of Colorado School of Law
    Juris Doctor, December 1973

    • Scholastic Average: 89.88 (excluding 7 hours at 90.86)

    • Class Rank: 4/138 at end of Fall Semester, Third Year (Final Rank Unknown)

    University of Chicago School of Law
    Fall Quarter 1968 (Drafted into U.S. Army, January 1969)

    • Scholastic Average: 76 (74‑79 = B)

    California Lutheran University
    Bachelor of Arts in Political Science, June 1968

    • Scholastic Average: 3.92 (4.0 = A)

    • Summa Cum Laude; Co‑Valedictorian of Class

    Valparaiso University
    Freshman Year, September 1964 – June 1965

    • Scholastic Average: 3.84 (4.0 = A)

    • 17th Biennial Advanced Estate Planning Symposium – Institute for Advanced Legal Studies, University of Denver College of Law: Recovery of Non‑Probate Assets Through Constructive Trusts and Other Concepts (1997)

    • Basic Probate in Colorado – National Business Institute: Probate Procedures (Multiple Years)

    • Estate Planning and Probate in Colorado – National Business Institute: Probate Procedures and Administration (Multiple Years)

    • The Probate Process from Start to Finish – National Business Institute (Multiple Years)

    • Estate Planning Retreat – Continuing Legal Education: Constructive Trusts and Dead Man’s Statute (1988)

    • Sophisticated Trusts: Emphasis on Drafting – CLE of Colorado: Trusts for Minors and Qualified Subchapter S Trusts (1988)

    • Principles of Estate Administration and Taxation – CLE of Colorado (1989)

    • Legislative Alert! – CLE of Colorado (1989)

    • CIOA is Coming! – CLE of Colorado: Overview of the Colorado Common Interest Ownership Act (1992)

    • Elder Care Conference – Colorado Society of Certified Public Accountants: The Graying of America (1993)

    • Advanced Issues in Probate for the Paralegal in Colorado – National Business Institute (1997, 1999)

    • Medicaid and Medicaid Planning in Colorado – Medical Educational Services, Inc.: Basic Medicaid Planning and Planning for Residences (1998, 1999)

    • Estate Planning Retreat – CLE: Resolving Commonly Encountered Ethical Issues in Estate Planning and Administration (2000)

    • Basic Probate Procedures and Practice in Colorado – National Business Institute (2000–2003)

    • Estate Administration: Basic Skills – Trust & Estate Section, CBA & CBA‑CLE: Ethics and Advising the Fiduciary (2003)

    • Litigating Contested Wills – Trust & Estate Section, CBA & CBA‑CLE: Joint Tenancy and Other Donative Transfers (Sept. 2003)

    • Trust and Estate Ethics – CLE of Colorado (Dec. 2004)

    • Understanding Estate, Gift and Fiduciary Income Tax Returns 2004 – Practicing Law Institute: Basic Planning Issues Under the New Tax Laws (2004)

    • Estate Administration: Basic Skills – Trust & Estate Section, CBA & CBA‑CLE: Ethics and Advising the Fiduciary (Mar. 2005)

    • The Probate Process from Start to Finish – Trust & Estate Section, CBA & NBI (Dec. 2006, Dec. 2007)

    • 17th Annual Estate Planning with the Masters – Illinois Institute for CLE: Constructive Trusts to Remedy Improper Transfers (Nov. 2007)

    • Understanding Estate, Gift and Fiduciary Income Tax Returns 2007 – Practicing Law Institute: Basis Planning Issues Under Changing Tax Laws (Dec. 2007)

    • Beyond Will Contests – American College of Trust and Estate Counsel (ACTEC): Pre‑Death Theft and Non‑Probate Diversion of Assets (Mar. 2007)

    • Advanced Estate Administration – Trust & Estate Section, CBA (Apr. 2008)

    • The Probate Process from Start to Finish for Paralegals – Institute for Paralegal Education (June 2008)

    • Estate Administration Procedures: Why Each Step Is Important – National Business Institute (June 2008)

    • Will Contests – CBA Trust & Estate, Elder Law, Solo/Small Firm, and Litigation Sections: Presumptions and Inferences in Probate Litigation (Aug. 28, 2009)

    • Counseling Trustees on Their Duties – CBA CLE: Trustee Duties – Legal Aspects (Feb. 24, 2010)

    • Ethics: Distinguishing Ethical from Malpractice Issues – CBA Trust & Estate Section: Maintaining Ethical Balance in Practice (June 2011)

    • Trust and Estate Fall Update – CBA Trust & Estate Section (Nov. 4, 2011)

    • Drafting Effective Wills and Trusts – National Business Institute (Sept. 26, 2011)

    • Probate Process from A to Z – National Business Institute (Dec. 20, 2011)

    • Estate Administration Procedures: Why Each Step is Important – National Business Institute (Oct. 23, 2012)

    • The Probate Process from Start to Finish – Institute for Paralegal Education (May 6, 2013)

    • The Probate Process from Start to Finish – National Business Institute (Dec. 18, 2013)

    • Estate Planning Basic Skills – CBA Trust & Estate Section: Introduction to Ethics in Estate Planning (Feb. 20, 2014)

    • Ethical, Legal, Medical & Practical Considerations of Representing Clients with Diminished Capacity – 35th Annual CBA Trust & Estate Retreat (June 12, 2015)

    • Legal Tests for Capacity in Colorado – CBA CLE (Jan. 23, 2015)

    • (QTIPs and Other) Estate Planning Tools for Second Marriage – National Business Institute (Feb. 10, 2015)

    • Will Contests – Legal and Equitable Claims and Defenses – CBA Trust & Estate Section & CBA CLE (Sept. 11, 2015)

    • Estate Planning Basic Skills – CBA Trust & Estate Section: Introduction to Ethics in Estate Planning (Feb. 27, 2016)

    • Capacity Issues – Probate Section, El Paso County Bar Association (Apr. 12, 2017)

    • Advanced Estate Planning Symposium with Ted Atlass – CBA Trust & Estate Section: Equitable Remedies and Missed Opportunities in Probate Litigation (Oct. 12, 2017)

    • Trust and Estate Fall Update – CBA Trust & Estate Section (Nov. 9, 2018)

    • Confluence of Trust and Estate and Real Estate Law and Practice – 39th Annual Estate Planning Retreat, CBA Trust & Estate Section: Co‑Presenter (June 6–8, 2019)

    • Will Contests – CBA Trust & Estate Section (Sept. 20, 2019)

    • Introduction to Ethics in Estate Planning – CBA CLE (Jan. 31, 2020)

    • Family Law Spring Update – CBA Family Law Section (May 26, 2022)

    • Select Ethical Issues in Estate Administration and Planning – 42nd Annual Estate Planning Retreat, CBA Trust & Estate Section (June 18, 2022)

    • Recent Ethical Issues in Estate Administration and Planning – 2023 Family Law Institute, El Paso County Bar Association (Mar. 8, 2023)

    • Basics of Trust Interest in a Divorce – Co‑Presenter, Horper Hofer & Associates, LLC (June 6, 2023)

    • Basics of Trust Interest in a Divorce – Co‑Presenter, NACVA‑Colorado Chapter (Nov. 30, 2023)

    • Introduction to Ethics in Estate Planning – Co‑Presenter, Estate Planning Basic Skills, CBA Trust & Estate Section (Feb. 15–16, 2024)

    • Trust Interests in a Divorce – Family Law Spring Update, CBA Family Law Section (Apr. 11, 2024)