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Colorado Estate Law Summary

Note: You can also Access a Personal Planning Package for the State of Colorado. or Prepare a Will Online

Note: This summary is not intended to be an all inclusive discussion of the law of wills in Colorado, but does contain basic and other information. This summary does not include a discussion of hand written wills.

Who may make a will: An individual eighteen or more years of age who is of sound mind may make a will. 15-11-501.

Execution and witnesses: A will shall be:
(a) In writing;
(b) Signed by the testator.
(c) Signed by at least two witnesses in the presence of the testator. 15-11-502.

Writings intended as wills: Although a will was not executed in compliance with section law, the will is treated as if it had been executed in compliance with that section if the proponent of the will establishes by clear and convincing evidence that the decedent intended the will to constitute the decedent's will. 15-11-503.

Self-proved will: A will may be simultaneously executed, attested, and made self-proved by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal. The will forms provided here contain the self proving affidavit required by Colorado. 15-11-504.

Who may witness: An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or any provision of it. 15-11-505.

Choice of law as to execution: A written will is valid if executed in compliance with Colorado law, or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled. 15-11-506.

Revocation of a Will: A will or any part thereof is revoked:
(a) By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(b) Burning, tearing, canceling, obliterating, or destroying the will or any part of it by the testator with the intent and for the purpose of revoking the will or part of it or if another individual performed the act in the testator's conscious presence and by the testator's direction. 15-11-507.

Incorporation by reference: A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. 15-11-510.
Separate writing or memorandum identifying devise of certain types of tangible personal property: A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. 15-11-513.

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Contracts concerning succession: A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1995, may be established only by (i) provisions of a will stating material provisions of the contract, (ii) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or (iii) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 15-11-514.

Penalty clause for contest: A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. 15-11-517.

Deposit of will with court in testator's lifetime: A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination.15-11-515.

Duty of custodian of will; lodging of will after death; transfer of lodged will; liability:
(1) Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.
(2) Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be a will is liable to any person aggrieved for the damages that may be sustained by the failure.
(3) Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.15-11-516.

Click Here for Colorado State Will & Estate Forms

Description - Colorado Life Documents Planning Package, including Will, Power of Attorney and Living Will

The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.

This package contains the following forms:

Last Will
Statutory Durable Power of Attorney
Statutory Medical Durable Power of Attorney
General Durable Power of Attorney for Property and Finances
Agent's Affidavit that Power of Attorney not revoked
Statutory General Power of Attorney with Durable Provisions
Statutory Limited Power of Attorney
Health Care Directive
Statutory Equivalent of Living Will or Declaration
Estate Planning Questionnaire and Worksheets
Personal Planning Information and Document Inventory Worksheets

Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
Statutory Durable Power of Attorney - This document allows you to specify limited or general powers and to provide that it continues if you become disabled. Statutory form.
Statutory Medical Durable Power of Attorney - This is a statutory form that is provided for in the Colorado Revised Statutes. This document gives the person you name as your agent the authority to make any and all health care decisions for you when you are no longer capable of making them yourself.
General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
Agent's Affidavit that Power of Attorney not revoked - Based on 15-1-1302, 15-14-501, and 15-14-502, Colorado Revised Statutes. Agent states that Power of Attorney remains in effect and has not been revoked.
Statutory General Power of Attorney with Durable Provisions - This is a statutory form that is a general, durable and/or limited power of attorney, depending on how you use it. It grants your attorney in fact (your agent) VERY broad powers with regard to your property and finances. This Power of Attorney does NOT provide for health care services.
Statutory Limited Power of Attorney - This document allows you to specific limited powers. Statutory form.
Health Care Directive - Declaration as to Medical and Surgical Treatment - Living Will -Statutory Form - This is a statutory form that is provided for in the Colorado Revised Statutes. This form allows you to express your wishes and desires regarding whether or not your life is prolonged by artificial means.
Statutory Equivalent of Living Will or Declaration - This form allows you to express your wishes regarding medical treatment to prolong your life under certain circumstances. It also provides a provision for an anatomical gift donation.
Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.

Colorado Estate and Personal Planning Forms

Colorado Estate Law Summary