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. An individual eighteen or more years of age who is of sound mind may make a will (CRS 15-11-501). Colorado courts interpret 'sound mind' to require a positive showing, at the time of execution, that the testator: (1) understands the nature of the act; (2) knows the extent of their property; (3) understands the proposed testamentary disposition; (4) knows the natural objects of their bounty; and (5) that the proposed will represents their wishes. (Breeden v. Stone, 992 P.2d 1167 (Colo. 2000), applying Cunningham v. Stender, 127 Colo. 293, 255 P.2d 977 (1953).)

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. An individual generally competent to be a witness may act as a witness to a will (CRS 15-11-505(1)). Note: Colorado uniquely allows a notarized-only will — acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments — as an alternative to a witnessed will (CRS 15-11-502(1)(c)(II)). Each witness must sign either prior to or after the testator's death, within a reasonable time after witnessing either the testator's signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will (CRS 15-11-502(1)(c)(I)).

Interested witnesses: The signing of a will by an interested witness does not invalidate the will or any provision of it (CRS 15-11-505(2)). Colorado has no purging statute — bequests to an interested witness survive intact.

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. A will executed with attesting witnesses may be made self-proved either simultaneously with execution or at any time after execution. In both cases, the testator must acknowledge the will and the witnesses must swear by affidavit, each before an officer authorized to administer oaths; the officer must then issue a certificate under official seal attached or annexed to the will. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will's due execution. (CRS 15-11-504(1)-(3))

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: (1) a record readable as text at the time of signing; (2) signed by the testator (or by another individual in the testator's name, in the testator's physical presence, and by the testator's direction); and (3) EITHER (a) signed in the physical or electronic presence of the testator by at least two individuals, each of whom is a resident of a state and physically located in a state at the time of signing, OR (b) acknowledged by the testator before and in the physical or electronic presence of a notary public or other individual authorized by Colorado law to notarize records, who is located in Colorado at the time of the notarial act (CRS 15-11-1305(1)). Colorado-specific signature restriction: any electronic symbol used to 'sign' an electronic will — by the testator or any witness — must be an electronic image of that person's signature in their own handwriting affixed to the electronic will; a typed name or other non-handwritten electronic mark is not sufficient (CRS 15-11-1302(5)(b)). This is a Colorado departure from the model Uniform Act, which permits any electronic symbol or process. 'Electronic presence' means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location (CRS 15-11-1302). Electronic holographic wills are not recognized under the CUEWA — Part 13 requires witnesses or notarization and provides no holographic path.

How to Revoke a Will in Colorado

In Colorado, a will can be revoked by:

• •Executing a subsequent will that revokes the previous will or part expressly or by inconsistency
• •Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying the will or any part of it), if the testator performed the act with the intent and for the purpose of revoking the will or part of it
• •Another individual may perform a revocatory act in the testator's conscious presence and by the testator's direction
• •If a subsequent will does not expressly revoke a previous will, execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will; testator is presumed to intend replacement if the subsequent will makes a complete disposition of the estate (CRS 15-11-507(3)); presumed to intend supplementation if it does not make a complete disposition (CRS 15-11-507(4))

CRS 15-11-507. For electronic wills, revocation by physical act is governed by CRS 15-11-1307(2)(b) — not 15-11-507 — and requires clear and convincing evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence. Distinction: electronic wills require 'physical presence' for third-party-directed acts; paper wills under CRS 15-11-507(1)(b) require only 'conscious presence'

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)