How to Make a Valid Will in Colorado

Who Can Make a Will in Colorado?

You must be at least 18 years old to make a will in Colorado. Emancipated minors may make a will under the UPC framework adopted by Colorado. 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

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. Colorado also recognizes electronic wills under the Colorado Uniform Electronic Wills Act (CUEWA). If you are physically unable to sign, 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. 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

Notarization in Colorado

Notarization is not required for a will to be valid in Colorado. 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)

Self-Proving Affidavit

Colorado allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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)

Handwritten (Holographic) Wills

Colorado does recognize holographic wills. 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

Colorado recognizes electronic wills. 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

How to Revoke a Will in Colorado

In Colorado, a will can be revoked by:

• •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

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

Relevant Colorado Statutes

• CRS 15-11-501 (Who may make a will)
• CRS 15-11-502 (Execution; witnessed or notarized wills; holographic wills)
• CRS 15-11-504 (Self-proved will)
• CRS 15-11-507 (Revocation by writing or by act)
• CRS 15-11-1301 et seq. (Colorado Uniform Electronic Wills Act)