How to Create a Will In Colorado

A will decides who manages your estate and who inherits what. Without one, Colorado’s statutes decide both for you.

This page covers what Colorado requires for a valid will, what to think through before you write one, what happens if you do not, and where do-it-yourself versions tend to fail.

Words You Will Run Into

Beneficiary. Someone who inherits money or property under a will.

Bequeath. To leave property to someone at your death.

Decedent. The person who has died.

Executor, or personal representative. The person who manages the estate and carries out the will. Colorado’s statutes use personal representative; the two words mean the same thing here.

Intangible property. Assets you cannot physically hold, such as a share in a business or stock.

Intestate. Dying without a valid will, in which case Colorado’s statutes decide who inherits.

Requirements for Creating a Will in Colorado

The individual creating the will is known as the “testator.” In Colorado, specific legal requirements apply to both the testator and the actual will. The testator must:

Be 18 years or older and of sound mind. This basically means that the testator creating the will is aware of their actions and has no doubt regarding their mental capacity at the moment the will is signed. The testator should be mentally aware of the type of property they own, and who they are leaving their property to upon their death. Those who suffer from dementia or other issues that affect their memory and state of mind can create a will if it is signed at the moment the testator is lucid (of sound mind).

According to the Colorado Bar Association, the actual will itself must be:

In writing
Signed by the testator, or by another person who is under the testator’s direction and in their conscious presence
Whether before or following the testator’s death, signed by a minimum of two people who witnessed the testator’s signing, or witnessed the testator’s acknowledgement of the will or signature: or
The testator acknowledges the will in front of a notary public or other person permitted under law to accept acknowledgments

There are certain rules and exceptions to the above, however, these are the general requirements for creating a will in Colorado. A will must be typed or handwritten (holographic).

Checklist For Creating a Will

Before creating a will, it is important to consider what property is involved along with who will inherit certain properties, assets, heirlooms, etc. Examples of things to consider include but are not limited to:

What property to include (real estate, business, jewelry, retirement accounts, pension benefits, cars, bonds, insurance policies, and other assets)
Who will be the beneficiary or beneficiaries of the property
Who will take care of the estate (executor)
Who will be a guardian for any children involved
Who will manage the property left to minor children

There are some property distribution exceptions to keep in mind. These include:

Property that is held jointly with the right of survivorship
Proceeds of IRA accounts and life insurance policies regardless of what a will state is passed on directly to any named beneficiaries
A surviving spouse is entitled to an exempt property allowance from the estate ahead of most creditors and beneficiaries, and to a family allowance for support during administration. Where there is no surviving spouse, the decedent’s dependent children take the exempt property allowance. Both amounts are adjusted for inflation each year, so check the current figures rather than relying on a number you read somewhere.

These are some of the factors to consider when making a will. It is important to use clear, concise language when creating a will so that it is easily and correctly understood.

Complications of Not Having a Will

When someone dies without a will in Colorado, the property is distributed among those closest to the decedent. This usually means a spouse, children, or other close relatives. Grandparents or parents will be given property when there are no children or spouses. When there are no “close” or immediate relatives, assets may end up the property of cousins or other distant relatives. Essentially, a person’s property can end up the property of the state if it is determined there are no living blood or marriage relatives. By creating a will, you protect your property, loved ones, and family. A will is used to:

Name a personal guardian when minor children need to be taken care of following death
Leave all types of property to family members, friends, charities, or other organizations
Designate a person the testator trusts to manage property left to minor children
Designate an individual who will be responsible for ensuring the terms of the will are carried out

How to Create a Will in Colorado Online

Colorado recognizes electronic wills. Under the Colorado Uniform Electronic Wills Act, an electronic will is a will for all purposes of Colorado law, provided it is readable as text when signed and is either signed by two witnesses or acknowledged before a notary located in Colorado. Witnesses can be electronically present rather than in the room.

That does not make every online template safe. A document that skips those formalities is at serious risk. A court can sometimes save it, but only on clear and convincing proof of what you intended, which is a hard and expensive way to get there. If you are interested in creating a will or any estate planning document, feel free to contact the experienced estate planning attorneys at Johnson Law Group with any questions you may have.

The risk in doing it yourself is less the drafting than the execution. Wills fail on witnessing and signing formalities, on ambiguous language about who gets what, and on assets that pass outside the will regardless of what it says. One exception is worth knowing: Colorado accepts a handwritten will without witnesses if the material portions and the signature are in your own handwriting.

Blended families, business interests, and out-of-state property are where the cost of getting it wrong is highest. Each of those raises questions a template does not ask, and the people who find out are the ones you meant to provide for.

Secure Storage of a Will

Writing a will is essential to protecting your loved ones’ futures and distributing your estate according to your wishes. However, storing your will is important as well. It is not enough to place a will in a drawer or other location that could be compromised by weather conditions (fire, tornado, etc.) or where children or others could access it. There are probate services and will storage companies available to take care of storing a will; a will writing service can also store your will securely. Those who choose to store their own wills should choose a highly secure location such as a home safe or bank. Some people choose to entrust the storage of their wills to the executor of the estate.

Colorado also lets you deposit your will with the court while you are alive, for a small fee. The court holds it sealed and releases it after your death. Whatever you choose, tell your personal representative where it is, because a will nobody can find does not get administered.

Consider Johnson Law Group for Your Estate Planning Needs

A will is a highly important document when it comes to estate planning. Without a will, Colorado’s statutes decide who inherits, and most estates still pass through probate unless they are small enough for the affidavit process or held entirely outside it. Many Colorado estates qualify for informal probate, which is handled administratively rather than in front of a judge. A will does not avoid probate, but it decides who runs the estate and who receives what. Those who are interested in learning more about how to create a will in Colorado may reach out to Johnson Law Group for legal support at (720) 706-5703 or text (720) 706-5703.

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