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Colorado Last Will and Testament

Colorado Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

January 3, 2023
·

7 mins

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A legal, valid, and enforceable Colorado last will and testament can make your family's entire probate and inheritance process much easier. They won't have you to spend long hours going to-and-fro the court. Your family would be well provided for, as you've mentioned in your will. Your minor children would have the guardian you choose, and they could carry on their life with the support of a loved one. You would get to decide all these things rather than a stranger with no clue about your family's dynamics.

That's why making a legal will following your state requirements is essential. If you live in Colorado, here's what you should follow:

Requirements for a Colorado Last Will and Testament 

  • Written will: A Colorado last will and testament can be on paper or digital to be legal. Colorado allows electronic wills and self-written wills.
  • Must be of at least 18 age 
  • Have a sound mind and memory: The testator for a Colorado last will must fully understand the will procedure, the extent of their estate, and beneficiaries. For their last will to be legal, they must have a sound mind and memory.
  • Signed by the testator: To make it your will, you must sign your Colorado last will and testament before your two eligible witnesses.
  • Signed by two witnesses: You must have two witnesses for the last will. They should acknowledge and sign the will.
  • You could also make a legal Colorado last will by signing before a notary. Follow this step if you don't want any witnesses. 
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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Who can be your witnesses for a Colorado Last Will and Testament? 

Your witnesses for a Colorado last will must follow these conditions:

  • Colorado allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as it leaves the will to be easily challenged. 

Colorado rules for a personal representative or an executor 

Choosing an executor for your Colorado last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 21 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Colorado doesn't restrict people convicted of a felony from being executors.
  4. Colorado allows you to choose someone out of state.

Last will and Testament Notarization in Colorado 

There's no need to notarize your Colorado last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

You could also sign your will before a notary if you don't want to use any witnesses. 

Colorado last Will Revocation

You could follow any of the following methods to revoke your Colorado last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Making a new legal will that revokes any part or the entire previous will.
Colorado Last Will and Testament

Colorado last Will Amendment Rules 

If you wish to make some minor and simple changes to your Colorado last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Colorado rules for divorce after making your last will

  • Colorado law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Colorado will.

What happens if you don't have a will in Colorado?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)

The spouse has no other children 

Spouse inherits everything 

Has a spouse and children (Children you share with that spouse)

The spouse has children from another relationship 

Spouse gets the first $225,000 of your estate and half of the remaining estate


Your children inherit the balance 

Has a spouse and children (Children you share with someone else)

Spouse gets the first $150,000 of your estate and half of the remaining estate


Your children inherit the balance 

Has a spouse and parents 

Spouse gets the first $300,000 of your estate and three-fourths of the remaining estate


Your parents inherit the balance 

Last Will and Testament Colorado Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Colorado free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Colorado last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Colorado last will and testament. 

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Frequently Asked Questions

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

Do I need a lawyer to make my last will and testament?

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.

How should I store my will?

You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.

Does my will dispose of all my assets?

A will would only dispose of the assets mentioned in it. You could decide which assets go to whom. However, it's always better to mention all your assets.

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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