State requirements
Making a will in Colorado
Colorado lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Colorado adopted the Uniform Probate Code (UPC). Colorado recognizes holographic wills and was an early adopter of electronic wills (2021). Colorado is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | C.R.S. § 15-11-501 | 18+ and of sound mind |
| Execution Requirements | C.R.S. § 15-11-502 | Written, signed, 2 witnesses |
| Holographic Wills | C.R.S. § 15-11-502(2) | Material portions handwritten |
| Electronic Wills | C.R.S. § 15-11-502.5 | E-wills valid (2021) |
| Self-Proving | C.R.S. § 15-11-504 | Available with affidavit |
| Elective Share | C.R.S. § 15-11-201 | 50% of augmented estate |
Execution Requirements
Colorado Will Formalities
COLORADO WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
UPC FLEXIBILITY:
- Witnesses need NOT sign in testator's presence
- "Reasonable time" is flexible
- Substantial compliance doctrine applies
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
ELECTRONIC WILLS (2021):
✓ Colorado was early adopter
✓ Remote witnessing permitted
✓ Electronic signatures valid
✓ Must be readable as text
Elective Share
Colorado's UPC-Based Elective Share
COLORADO ELECTIVE SHARE:
- Surviving spouse entitled to 50% of augmented estate
- Augmented estate includes probate + non-probate assets
- Must elect within 9 months of death
AUGMENTED ESTATE INCLUDES:
✓ Probate assets
✓ Revocable trusts
✓ Joint property
✓ POD/TOD accounts
✓ Certain lifetime transfers
Self-Proving Affidavit
Colorado allows self-proving wills under C.R.S. § 15-11-504.
Checklist for Colorado Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit (recommended)
- •[ ] OR: Holographic will with material portions handwritten
- •[ ] Elective share rights considered
Colorado will questions, answered
Can I make a will online in Colorado?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Colorado requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Colorado?
Colorado requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Colorado require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Colorado document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Colorado?
Yes, Colorado recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Colorado?
Colorado sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Colorado source above and get local help for your circumstances. Note: Colorado was an early adopter of electronic wills (2021).
Keep reading
All guides →Your Colorado wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Colorado law, not legal advice. Statutes change — verify current requirements or consult a licensed Colorado attorney for complex situations.