How do I make a valid will in Colorado?

Question

Accepted Answer

Colorado wills are governed by the Colorado Probate Code, C.R.S. Title 15.

1. Testator Requirements

Age: 18 or older (C.R.S. § 15-11-501).

Capacity: Sound mind.

2. Witness Requirements — Attested or Notarized Will (C.R.S. § 15-11-502(1))

Colorado uniquely allows EITHER:

(a) Signed by 2 witnesses within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will, OR

(b) Acknowledged by the testator before a notary public or other individual authorized to take acknowledgments.

Notarization alone (without witnesses) is sufficient.

3. Self-Proving Affidavit (C.R.S. § 15-11-504)

A self-proving affidavit executed by the testator and witnesses before a notary makes the will self-proved.

4. Holographic Wills (C.R.S. § 15-11-502(2))

Valid if signed by the testator and material portions are in the testator's handwriting. No witnesses required.

5. Harmless Error Rule (C.R.S. § 15-11-503)

A document that fails to comply with formalities may be treated as a will if proponent establishes by clear and convincing evidence that the decedent intended the document as a will, partial revocation, addition, or alteration.

6. Interested Witnesses

Colorado abolished the interested-witness rule (C.R.S. § 15-11-505) — a beneficiary may witness without forfeiting the gift.

7. Intestacy (No Will)

C.R.S. § 15-11-102: Spouse + descendants all of marriage and surviving spouse has no other descendants — spouse takes all. Spouse + descendants from outside marriage — spouse takes first $225,000 + 1/2 of balance.

8. Small Estate Threshold

Colorado's collection by affidavit (C.R.S. § 15-12-1201) is available for personal property when the gross value of personal property in the estate does not exceed $80,000 (adjusted for inflation; check current figure), after a 10-day waiting period.

9. Beneficiary Deed

C.R.S. § 15-15-401 allows a beneficiary deed for real property, transferring on death without probate.

This is legal information, not legal advice.