How to Write a Will in Colorado (2026 Guide)

This is general legal information for Colorado, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Colorado.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Colorado’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Colorado as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Colorado will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Colorado and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Colorado Will Requirements at a Glance

• Minimum age: 18 years old (Emancipated minors may make a will under the UPC framework adopted by Colorado)
• Written form: Must be in writing. Can be typed, printed, or handwritten. Colorado also recognizes electronic wills under the Colorado Uniform Electronic Wills Act (CUEWA)
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: Yes
• Electronic wills: Yes

Testamentary Capacity

The testator must be of sound mind, meaning they understand the nature and extent of their property, the natural objects of their bounty, and the disposition being made

Signature Requirements in Colorado

You must personally sign the will. Colorado does allow proxy signing in specific cases: Another individual may sign in the testator's conscious presence and by the testator's direction

Witness Requirements in Colorado

Colorado requires 2 witnesses. Generally competent persons. Interested witnesses do not invalidate the will. Note: Colorado uniquely allows a notarized-only will as an alternative to a witnessed will

Presence rules: Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will. Witnesses may sign before or after the testator's death

Interested witnesses: An interested witness does not invalidate the will under the UPC framework

The safest approach in every state, including Colorado, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Colorado does not require a will to be notarized to be valid. A signed and witnessed will is enough. Colorado uniquely allows a will to be valid if either witnessed by two witnesses OR acknowledged before a notary public. A notarized will without witnesses is valid under CRS 15-11-502(1)(c)

Colorado does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. The testator and witnesses sign an affidavit before an officer authorized to administer oaths. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will (CRS 15-11-504)

Holographic, Electronic, and Oral Wills in Colorado

Holographic (handwritten) wills: Recognized in Colorado. Valid whether or not witnessed if the signature and material portions are in the testator's handwriting. Immaterial parts may be printed, typed, or stamped. A valid holograph can be executed on a printed form if material portions are handwritten (CRS 15-11-502(2))

Electronic wills: Recognized in Colorado under specific conditions. Colorado adopted the Uniform Electronic Wills Act (CUEWA), effective January 21, 2021 (CRS 15-11-1301 et seq.). An electronic will must be readable as text at signing, signed electronically by the testator, and witnessed by two persons in electronic presence. Electronic holographic wills are NOT permitted

Nuncupative (oral) wills: Not recognized in Colorado.

How to Revoke or Update a Colorado Will

If you already have a will and want to change it, Colorado recognizes these revocation methods: Executing a subsequent will that revokes the previous will expressly or by inconsistency, Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying), Another individual may perform the act in the testator's conscious presence and by the testator's direction. CRS 15-11-507. For electronic wills, the evidentiary standard to establish intent to revoke by physical act is clear and convincing evidence

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Colorado

Colorado is a separate property (equitable distribution) state. Provides an elective share for the surviving spouse under CRS 15-11-201 et seq. Colorado is one of the few states that allows a notarized-only will (without witnesses) as an alternative to a witnessed will

Step-by-Step: Writing a Valid Colorado Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Colorado-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Colorado, major asset changes).

Common Colorado Will Mistakes to Avoid

• Wrong number of witnesses. Colorado requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Colorado will requirements and the Colorado estate planning guide for background on intestate succession, probate, and related topics.

Start Your Colorado Will Now

The easiest way to get a valid Colorado will done today is our free drafting tool. It walks you through the questions, generates a Colorado-specific document with the correct clauses, and gives you signing instructions tailored to Colorado’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.