Last Will And Testament requirements in Colorado
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will, or acknowledge your signature, in the presence of two witnesses.
- The two witnesses must be present at the same time and sign the will in your presence.
- Witnesses must be at least 18 years old and cannot be beneficiaries of the will.
- A notary is not required but recommended for self-proving affidavit.
How to create a Last Will And Testament in Colorado
- Decide on your assets and who should inherit them.
- Choose an executor to manage your estate.
- Draft your will using a template or attorney, making sure it meets Colorado requirements.
- Sign your will in the presence of two witnesses, who also sign.
- Consider adding a self-proving affidavit (notarized) to speed up probate.
- Store your will safely and tell your executor where it is.
What a Last Will And Testament typically costs
The cost to create a last will and testament in Colorado varies. Using an online will template can cost as little as $30-$100. Hiring an attorney typically ranges from $300 to $1,000 or more, depending on complexity.
Start your Colorado last will and testament today to protect your loved ones and your legacy.
Create your last will and testamentColoradan's Pre-Will Checklist: Be Ready
Drafting a valid Colorado will requires specific formalities. Gather these essentials and understand the state's rules before you begin to avoid common pitfalls.
- List your assets (real estate, bank accounts, investments, personal property) and name beneficiaries for each.
- Decide on your executor (in-state preferred) and backup, plus guardians for minor children.
- Review Colorado's requirements: testator 18+, of sound mind, signed by you and two witnesses present at the same time (notary recommended, not required).
- Identify self-proving affidavit option to speed probate—needs notarization with witnesses.
- Avoid common mistakes: don't use a template without updating for Colorado law, don't leave assets to minors without a trust, and don't forget to sign in front of witnesses (they must sign too).
- Have identification and a list of your heirs (spouse, children) ready for your attorney or to guide your drafting.
Frequently asked questions
Do I need a notary for a will in Colorado?
A notary is not required for a valid will in Colorado. However, having your will notarized with a self-proving affidavit can simplify the probate process by avoiding the need for witnesses to testify later.
Can I write my own will in Colorado?
Yes, you can write your own will in Colorado. It must be in writing, signed by you, and witnessed by two people. Using a template can help ensure you meet all legal requirements.
What is the difference between a will and a living will in Colorado?
A last will and testament deals with the distribution of property after death. A living will (also called an advance directive) expresses your wishes for medical treatment if you become incapacitated. Both are part of estate planning.
What happens if I die without a will in Colorado?
If you die without a will, Colorado's intestacy laws determine how your assets are distributed. This process often goes to your closest relatives and may not reflect your wishes. Creating a will gives you control.