A Colorado Last Will and Testament is a legal document that allows the testator (person to whom the will belongs) to communicate their wishes with regard to the distribution of personal, fiduciary, or real property upon their death. This document ensures all property left behind will be properly dispersed in accordance with the testator’s instructions among family, friends, domestic partners, charities, or whomever else the testator names as a beneficiary. Under Colorado law, a will document must be signed by the testator before two (2) or more competent witnesses or before a notary public.
Table of Contents
Laws
Definition – § 15-10-201(59) – “Will” includes any codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
Signing Requirements (§ 15-11-502) – At least two (2) individuals, each of whom signed within a reasonable time after he or she witnessed the testator’s signing of the will; OR it can be signed before a notary public or another individual authorized by law.
Statutes – CRS Title 15 (Probate, Trusts, and Fiduciaries)
(Video) How to Make a Will in Colorado
How to Write
Step 1 – Place the name of the Testator at the top of the form and continue by entering the following
- Testator
- City
- County
- Testator must review the remaining information
- Read the “Expenses and Taxes” area of the form
Step 2 – Appoint an Executor –
- Enter the full name of the appointee
- City
- County
- State
Alternate Executor – provide an alternate executor and their information in case an alternate is needed
- Name of alternate
- City of alternate’s residence
- County and State of alternate’s residence
Step 3 – Disposition Property
Beneficiaries – Provide all of the following information for each beneficiary listed as follows:
- Name
- Current Physical address
- Relationship to testator
- Enter the last four digits of SSN for each beneficiary
- Testator must provide property being bequeathed to each beneficiary individually
Testator must review the remaining information regarding how testator’s property may be distributed if a beneficiary dies before the testator
Step 4 – The following titled sections of the form must be reviewed by the testator
- Omission
- Bond
- Discretionary Powers of Personal Representative A through K
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – Signatories must all be present prior to providing the following information:
- Testator’s name
- Date the testator’s signature – dd/mm/yyyy format
- Testator Signature
- Print the Testator’s name
Witnesses – Read the brief statement –
- Date the document in dd/mm/yyyy format
- Enter the name of the Testator
Witness 1 –
- Witness Signature
- Witness’ address
Witness 2 –
- Witness Signature
- Witness’ address
Step 6 – Testament Affidavit – All parties must carefully review the affidavit and complete the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 – Notarization – Once all signatures have been entered, the notary public will complete the form with acknowledgment.
Related Forms
Download: Adobe PDF
Durable Financial Power of Attorney
Download: Adobe PDF