How to Make Sure Your Will Is Valid Under Colorado Law

Making a will is an essential step in ensuring your wishes are honored after your passing. In Colorado, specific legal requirements must be followed to ensure that your will is valid. Below are key points to consider when drafting your will in accordance with Colorado law.

1. Age and Capacity Requirements
In Colorado, you must be at least 18 years old to create a valid will. Additionally, you need to be of sound mind, meaning you understand the nature of creating a will and the implications of your decisions regarding your assets.

2. Writing the Will
Colorado law permits wills to be either handwritten (holographic) or typed. However, it’s essential that the will is signed by you as the testator. While there is no formal requirement for the will to be notarized, having it notarized can help prevent potential disputes regarding its authenticity.

3. Signing the Will
To validate your will, you must sign it, or you may have someone else sign it on your behalf in your presence. This signature must be placed at the end of the document. If the will is not signed correctly, it could be declared invalid in the eyes of the law.

4. Witness Requirements
In Colorado, you need at least two witnesses who will attest to your signing of the will. Witnesses must be at least 18 years old and should not be beneficiaries of the will to avoid any conflicts of interest. Their signatures should also be placed on the will, preferably near your signature.

5. Informal Wills
Colorado recognizes informal wills under certain circumstances. If a signed document clearly expresses your intent to create a will, a court may accept it even if it does not meet the above criteria. However, relying on an informal will can lead to complications, so it’s advisable to follow formal procedures.

6. Revoking Previous Wills
If you create a new will, it automatically revokes any previous wills or codicils unless stated otherwise. To ensure clarity, it’s helpful to include a clause in the new will stating that it revokes all prior versions. Destroying old wills can also signal your intent to revoke them.

7. Storing Your Will
Once your will is prepared and signed, store it in a safe place where your loved ones can easily access it after your passing. Inform your executor and other trusted individuals about where the will is located. This helps prevent confusion and ensures that your wishes are honored.

8. Seeking Legal Assistance
While it's possible to create a will without the help of an attorney, consulting a lawyer can ensure your will meets all legal requirements and properly reflects your intentions. An attorney specializing in estate planning can guide you through the process and help minimize potential challenges.

Following these guidelines will help you create a valid will under Colorado law. Regularly review your will, especially after significant life changes such as marriage, divorce, or the birth of a child, to ensure it accurately reflects your current wishes.