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Colorado Last Will and Testament

Colorado requires 2 witnesses (or a notary acknowledgment) for a valid will and recognizes holographic wills. Free template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the person, called your personal representative (the Colorado term for executor), who will carry out those instructions. It can also name a guardian for any minor children. Under the Colorado Probate Code (C.R.S. Title 15, Article 11, Part 5), a will is valid if it is in writing, signed by the testator (the person making the will), and either signed by two witnesses or acknowledged by the testator before a notary public. Colorado is unusual in offering that second, notary-only path as an alternative to witnesses, though most people still use the two-witness method because it is the more established route and pairs with a self-proving affidavit. Colorado also does not purge an interested witness's gift, meaning a beneficiary who signs as a witness does not automatically lose their inheritance, and it recognizes a holographic (handwritten, unwitnessed) will if the signature and material portions are in the testator's own handwriting. A notary is not required for a witnessed will; it is used only for the optional self-proving affidavit or for the notarized-will alternative. You must be at least 18 and of sound mind to make a Colorado will. Because the Colorado statutes site currently blocks automated verification tools, confirm the exact statutory language with an attorney or the official Colorado Revised Statutes before you rely on this page for a signing. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property when you die and names the personal representative (executor) who will carry out those instructions; it can also name a guardian for minor children.

  2. 2

    Colorado requires the will to be signed by two witnesses, or, as an alternative Colorado uniquely allows, acknowledged by the testator before a notary public instead of using witnesses (C.R.S. 15-11-502). Colorado does not purge an interested witness's gift: a beneficiary who signs as a witness does not lose their inheritance, though naming disinterested witnesses lowers the risk of a later challenge.

  3. 3

    Colorado recognizes a self-proving affidavit under C.R.S. 15-11-504. This sworn statement from the testator and witnesses, signed before a notary, lets the will be admitted to probate without tracking down the witnesses to testify later. The affidavit needs a notary; the will itself does not.

  4. 4

    Colorado recognizes holographic (handwritten, unwitnessed) wills. Under C.R.S. 15-11-502(2), a will is valid without any witnesses if the signature and the material portions of the document are in the testator's own handwriting.

  5. 5

    A Colorado will does not need a notary if you use the standard two-witness method; witnesses, not a notary, are the operative formality. A notary is required only for the optional self-proving affidavit, or if you instead choose Colorado's notarized-will alternative in place of witnesses.

  6. 6

    You must be at least 18 years old and of sound mind to make a will in Colorado (C.R.S. 15-11-501). Colorado case law generally describes sound mind as understanding you are making a will, knowing generally what you own, and knowing who would normally inherit from you; confirm this gloss with an attorney since the statute itself states only the bare standard.

  7. 7

    You can revoke a Colorado will by executing a later will that revokes the earlier one, or by a revocatory act done with intent to revoke, such as burning, tearing, canceling, or destroying it (C.R.S. 15-11-507). Divorce also automatically revokes any gift or appointment the will made to a former spouse (C.R.S. 15-11-804).

Key decisions before you file

Before you file a Last Will and Testament in Colorado, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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COLORADO LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Colorado, being at least 18 years of age and of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils that I have previously made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY, STATE] as the Personal Representative (Colorado's term for executor) of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor Personal Representative. My Personal Representative shall administer my estate and carry out the instructions in this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, naming each beneficiary and the property or amount given to them.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, meaning any property not specifically given above, to [RESIDUARY BENEFICIARY NAME(S)], in the shares stated here: [INSERT shares or percentages].

  5. ATTESTATION This will was signed by me, the testator, and, in accordance with C.R.S. 15-11-502, is signed below by two witnesses who each witnessed my signing or my acknowledgment of this will. Colorado also permits acknowledgment before a notary public as an alternative to witnesses; this will uses the two-witness method.

Signed: _____________________________ Date: [DATE] [TESTATOR NAME], Testator

We, the undersigned, each being at least 18 years of age, declare that the testator signed this will, or acknowledged it, in our presence, or acknowledged this signature to us, and that we now sign as witnesses within a reasonable time thereafter, as C.R.S. 15-11-502(1)(c)(I) allows.

Witness 1 Signature: _____________________________ Date: [DATE] Print Name: [WITNESS 1 NAME] Address: [WITNESS 1 ADDRESS]

Witness 2 Signature: _____________________________ Date: [DATE] Print Name: [WITNESS 2 NAME] Address: [WITNESS 2 ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Colorado recognizes a self-proving affidavit under C.R.S. 15-11-504. Completing it before a notary public lets this will be admitted to probate without needing to locate the witnesses later to testify. This affidavit needs a notary; the will itself, signed above, does not.

STATE OF COLORADO COUNTY OF [COUNTY]

We, the testator and the witnesses, being first duly sworn, declare to the undersigned notary that the testator signed this will as a free and voluntary act, that each witness signed at the testator's request and in the testator's presence, and that to the best of each witness's knowledge the testator was at least 18 years of age and of sound mind.

_____________________________ (Testator) _____________________________ (Witness 1) _____________________________ (Witness 2)

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], testator, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [DATE].

Notary Public, State of Colorado My commission expires: [DATE]

Note: This will is governed by the Colorado Probate Code, C.R.S. Title 15, Article 11, Part 5. Colorado does not purge an interested witness's gift, but a beneficiary should still avoid serving as a witness where possible to reduce the risk of a later will contest. This is a Colorado skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Colorado Requirements for Last Will and Testament

Two Witnesses, or a Notary Acknowledgment

Colorado requires the will to be signed by two witnesses, or, as an alternative Colorado uniquely allows, acknowledged by the testator before a notary public in place of witnesses (C.R.S. 15-11-502). Most people use the two-witness method and pair it with a self-proving affidavit.

Interested Witnesses Do Not Forfeit Their Gift

Colorado does not purge (invalidate) a gift to an interested witness: signing by a beneficiary as a witness does not invalidate the will or forfeit that witness's inheritance (C.R.S. 15-11-505). Using disinterested witnesses is still the safer practice to reduce the risk of a later challenge.

Self-Proving Affidavit Available

Colorado recognizes a self-proving affidavit under C.R.S. 15-11-504. It is a sworn statement by the testator and witnesses signed before a notary public, made either at the time of execution or afterward, that lets the will be admitted to probate without live witness testimony.

Holographic (Handwritten) Wills Recognized

Colorado recognizes a holographic will as valid even without witnesses if the signature and the material portions of the document are in the testator's own handwriting (C.R.S. 15-11-502(2)). Intent that the document serve as a will may be shown by extrinsic evidence.

No Notary Required for a Witnessed Will

A Colorado will signed by two witnesses does not need a notary; witnesses, not a notary, make the will valid. A notary is required only for the optional self-proving affidavit, or if the testator instead chooses Colorado's notarized-will alternative in place of witnesses (C.R.S. 15-11-502, 15-11-504).

Minimum Age and Testamentary Capacity

A testator must be at least 18 years of age and of sound mind to make a valid will in Colorado (C.R.S. 15-11-501). Confirm the current judicial gloss on sound mind with an attorney, since the statute itself states only the bare standard.

How to Revoke a Colorado Will

A Colorado will can be revoked by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act done with intent to revoke, such as burning, tearing, canceling, or destroying it (C.R.S. 15-11-507). Divorce or annulment also automatically revokes any gift or appointment made to a former spouse (C.R.S. 15-11-804).

Appoint a Personal Representative

Colorado calls the person who administers your estate the Personal Representative rather than executor. Name a Personal Representative and at least one successor in the will so the Colorado probate court has a clear appointment to work from if your first choice cannot serve.

Frequently Asked Questions

Colorado requires two witnesses to sign the will, unless the testator instead acknowledges the will before a notary public as Colorado's alternative to witnesses (C.R.S. 15-11-502). A witness who is also a beneficiary does not forfeit their gift under Colorado law, but using two disinterested witnesses is the safer practice to reduce the risk of a later challenge.

No, not if you use the standard two-witness method; a Colorado will needs witnesses, not a notary. A notary is required only for the optional self-proving affidavit (C.R.S. 15-11-504), or if you choose Colorado's alternative notarized-will method in place of two witnesses.

Yes. Colorado recognizes holographic wills. Under C.R.S. 15-11-502(2), a will is valid even without witnesses if the signature and the material portions of the document are in the testator's own handwriting. Extrinsic evidence may be used to show the document was intended as a will.

You write out your wishes, sign the document as testator, and either have two witnesses sign it or acknowledge it before a notary public (C.R.S. 15-11-502). Adding a self-proving affidavit under C.R.S. 15-11-504 at the same time can simplify probate later. You must be at least 18 and of sound mind (C.R.S. 15-11-501).

A Colorado will is valid if it is in writing, signed by a testator who is at least 18 and of sound mind, and either signed by two witnesses or acknowledged before a notary public (C.R.S. 15-11-501, 15-11-502). A handwritten will can also be valid without witnesses if its signature and material portions are in the testator's handwriting.

It is a sworn statement, signed by the testator and witnesses before a notary public under official seal, that lets a Colorado probate court accept the will without live witness testimony (C.R.S. 15-11-504). It can be signed at the same time as the will or added afterward, and it needs a notary even though the will itself may not.

You must be at least 18 years old and of sound mind to make a will in Colorado (C.R.S. 15-11-501). There is no separate minor-emancipation exception stated in this section.

You can revoke a Colorado will by executing a later will that revokes the earlier one expressly or by inconsistency, or by a revocatory act done with intent to revoke, such as burning, tearing, canceling, or destroying it (C.R.S. 15-11-507). Divorce or annulment also automatically revokes any gift or appointment the will made to a former spouse (C.R.S. 15-11-804).