Create a Personal Property Memorandum

A personal property memorandum is a separate signed list, referred to in your will, that says who receives specific personal items such as jewelry, furniture, artwork, and keepsakes. In Colorado it can be updated without rewriting the will, which makes it a simple way to prevent family disputes over sentimental property.

Here is what a memorandum can cover, what Colorado requires, and how to keep it useful over time.

How a Memorandum Works With Your Will

Your will is the main document, and the memorandum works only because the will refers to it. Any type of will can refer to one, from a simple will to a pour-over will that funds a trust.

Under Colorado law, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will.¹

What a Memorandum Can and Cannot Cover

A memorandum is for tangible personal property: things you can touch and move. Common examples include:

• Jewelry, watches, and family heirlooms.
• Furniture, artwork, and collections.
• Tools, sporting equipment, and musical instruments.
• Photographs, books, and keepsakes.

It cannot leave money, and it is not the place for real estate, bank or investment accounts, or business interests. Those usually pass under the will, a trust, joint ownership, or a beneficiary designation.

Colorado Requirements

To count, the list must be either in your handwriting or signed by you, and it must describe the items and the people receiving them with reasonable certainty.² It can be written before or after the will and changed after it is prepared.

Date each version and sign it. When you make a new list, destroy the old one so there is no confusion about which is current.

A memorandum only works if your will refers to it correctly and the list is clear. Johnson Law Group offers a no-pressure consultation to review both, so schedule a consultation when you update your plan.

Tips for a Useful Memorandum

1. Describe items clearly. “Grandmother’s gold locket with the engraved initials” is better than “my necklace.”
2. Name people fully. Use full names, and name a backup in case someone dies before you.
3. Talk with your family. Asking who wants what can prevent hurt feelings later.
4. Keep it with your will. Your personal representative needs to find it quickly.
5. Cover the rest. Say what happens to items not on the list, such as dividing them by agreement or selling them.

Frequently Asked Questions

Can I use a memorandum with a trust?

Many trusts include similar language for personal items. Ask your attorney to confirm that your trust or pour-over will refers to the list.

Talk With a Colorado Estate Planning Attorney

Personal items often cause more family conflict than money, and a clear memorandum is one of the simplest ways to prevent it. Johnson Law Group is here to help.

The attorneys at Johnson Law Group help clients prepare wills and memoranda that work together and will give you a clear read on your plan. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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