Making a Will in Colorado: Rules You Need to Know
Colorado has adopted the Uniform Probate Code, which standardizes terminology and offers flexible informal probate. Colorado recognizes both witnessed and handwritten wills. This is general information, not legal advice — consult an attorney in your state.
Who can make a will in Colorado?
In Colorado you must be at least 18 and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize the people who would ordinarily inherit.
Capacity and freedom from undue influence at signing are what keep the will from being contested.
What are the witness and notary rules?
A typed Colorado will must be signed by you and witnessed by two people who sign within a reasonable time after seeing you sign or hearing you acknowledge it. Colorado also recognizes holographic wills if the signature and material portions are in your own handwriting, and even a notarized will signed without witnesses.
Notarization is not required for a witnessed will, but Colorado allows a self-proving affidavit before a notary, which lets the court admit the will without the witnesses appearing.
- Two witnesses for a typed will.
- Holographic wills allowed if signature and material portions are handwritten.
- A will signed before a notary (without witnesses) is also valid in Colorado.
- A self-proving affidavit before a notary streamlines probate.
Is the executor called a Personal Representative?
Yes. Following the Uniform Probate Code, Colorado uses Personal Representative for the person who administers an estate, whether named in the will (an executor) or appointed by the court (an administrator).
Colorado offers informal probate, in which the Personal Representative can act with minimal court supervision when the estate is uncontested.
What happens if you die without a will in Colorado?
If you die intestate, Colorado's statute gives the estate to your spouse when all children are also the spouse's; the share is adjusted when there are children from another relationship or surviving parents.
Intestacy means the court appoints the Personal Representative and you lose any say over guardianship of minor children.
Is probate required in Colorado?
Probate is generally required for solely owned assets above a small-estate threshold, but Colorado's informal process is quick and inexpensive for uncontested estates. Small estates can use an affidavit to collect personal property.
Assets with beneficiary designations or joint ownership pass outside probate, and Colorado allows a beneficiary deed for real estate that avoids probate.
Can you make a Colorado will online?
Yes. A properly signed and witnessed online will is valid in Colorado when you follow the signing process. iFinallyWill produces a Colorado-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.
iFinallyWill supports all 50 states and every Canadian province. For larger estates, local legal advice can help with deeds and trust planning.
Frequently asked questions
- How many witnesses does a Colorado will need?
- A typed will needs two witnesses, but Colorado also accepts a will signed before a notary without witnesses, and holographic wills with handwritten signature and material portions.
- Does Colorado allow handwritten wills?
- Yes. Colorado recognizes holographic wills when the signature and material provisions are in your own handwriting, even without witnesses.
- Is the executor called a Personal Representative in Colorado?
- Yes. Colorado follows the Uniform Probate Code, which uses Personal Representative for the executor named in a will or an administrator appointed by the court.
- Can Colorado real estate avoid probate?
- Yes. A beneficiary deed lets you transfer real estate to a named beneficiary at death without probate.