Updated July 26, 2022
A Colorado self-proving affidavit is an optional accessory to a last will and testament that proves the legality of the will to the probate court. The self-proving affidavit will benefit the creator of the will (known as the “testator”) and their beneficiaries by reducing the time required for the court-supervised probate process. Utilizing the affidavit excuses the testator’s witnesses from appearing in court to testify toward the validity of the will. State law demands that the affidavit be signed by the testator and two (2) witnesses while in the presence of a notary public.
Laws
- Statute – § 15-11-504
- Signing Requirements – Two (2) witnesses and a notary public.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – There are four (4) empty spaces below the title of the Affidavit. The Testator must enter their Name in the first space. The remaining three (3) spaces must contain the Day, Month, and Year.
Step 3 – Using the signature field located below the first paragraph, the Testator will need to inscribe their Signature (note that Testator must sign while in the presence of both Witnesses and the Notary Public).
Step 4 – The following two (2) fields will be used to specify the Names of both Witnesses. The first Witness must enter their Name in the first field, and the second Witness must enter their Name in the second field.
Step 5 – The next step in the process requires the Witnesses to provide their Signatures while in the presence of both the Testator and Notary Public. The first Witness must Sign above one (1) of the signature fields. After the first Witness has Signed, the second Witness must provide their Signature in the remaining signature field.
Step 6 – After the above information has been provided, the Notary Public must finish the document by filling out the “NOTARY ACKNOWLEDGMENT” area located towards the bottom of the Affidavit. The Notary must begin this step by entering the State and County in which the Affidavit is being executed. The Notary can then enter the Name of the Testator, Names of the Witnesses, and the Date (Day, Month, and Year).
Step 7 – The Notary must complete the Affidavit by filling out the remaining spaces found at the bottom of the page. The Notary will need to provide their Signature, Official Capacity of Officer, and their Notarial Seal.
