How to Make a Valid Will in Colorado
What Colorado law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older and of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their conscious presence and at their direction). C.R.S. §§ 15-11-501, 15-11-502, 15-11-503
| Requirements for a valid will | Anyone 18 or older and of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their conscious presence and at their direction). It must then either be signed by at least two witnesses who saw the signing or the will-maker's acknowledgment of the signature or will (witnesses may sign within a reasonable time, even after death), or be acknowledged by the will-maker before a notary. A court can also accept a document that does not meet these rules if there is clear and convincing evidence the person intended it as their will. Statute text from the Colorado Revised Statutes 2024 edition published by the Colorado General Assembly. |
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| Handwritten (holographic) wills | Yes. A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material portions are in the will-maker's own handwriting. Source: C.R.S. § 15-11-502(2) |
| Self-proving affidavit | Yes. A witnessed will can be made self-proved at signing (or later) when the will-maker and witnesses sign sworn statements before an officer authorized to give oaths, such as a notary, whose certificate is attached under official seal. The statute gives the wording. Source: C.R.S. § 15-11-504 |
More Colorado estate law
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- Who Inherits If You Die Without a Will in Colorado
- How Probate Works in Colorado
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- All Colorado wills, probate and estate rules
FAQ
What makes a will valid in Colorado?
Anyone 18 or older and of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their conscious presence and at their direction). It must then either be signed by at least two witnesses who saw the signing or the will-maker's acknowledgment of the signature or will (witnesses may sign within a reasonable time, even after death), or be acknowledged by the will-maker before a notary. A court can also accept a document that does not meet these rules if there is clear and convincing evidence the person intended it as their will.
Is a handwritten will valid in Colorado?
Yes. A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material portions are in the will-maker's own handwriting.
Does a will need to be notarized in Colorado?
Yes. A witnessed will can be made self-proved at signing (or later) when the will-maker and witnesses sign sworn statements before an officer authorized to give oaths, such as a notary, whose certificate is attached under official seal. The statute gives the wording.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.