Colorado Will Requirements

Colorado will requirements sit in a short stretch of the Colorado Probate Code, and most people want one answer first: what makes a will valid here. In Colorado, the maker (the testator) must be at least 18 and of sound mind, and the will must be in writing and signed. From there, Colorado gives you a choice that most states do not. The will is valid if two witnesses sign it, or if the testator acknowledges it before a notary public. Colorado also recognizes handwritten (holographic) wills without witnesses, and lets a witnessed will be made self-proving so the witnesses do not have to appear at probate. (See C.R.S. 15-11-501 and C.R.S. 15-11-502.)

Use this page as a planning map, not as a do-it-yourself signing kit. Colorado courts apply these statutes to the exact facts of each will, and a signing mistake can push an estate into Colorado intestate succession, where state formulas decide who inherits. When real property, a blended family, or a possible dispute is involved, confirm your plan with a licensed Colorado attorney before you sign.

One framing point up front: a valid will does not skip probate. It tells the court who inherits and who serves as personal representative, but the estate still moves through the process described in the Colorado probate guide. If your goal is to keep assets out of court, see how to avoid probate in Colorado.

Who Can Make a Will in Colorado

Colorado states the capacity rule in one sentence: an individual eighteen or more years of age who is of sound mind may make a will. (Source: C.R.S. 15-11-501.)

In plain terms:

Age. The maker must be at least 18 when signing.
Sound mind. The maker must understand, in a general way, that the document is a will, what property the estate holds, and who would normally receive it.

Capacity is judged at the moment of signing. A later illness does not undo a will that was validly made while the testator had capacity.

The Signing Rules: Two Witnesses or a Notary

C.R.S. 15-11-502 sets the execution requirements for a standard typed or printed will. The will must be:

In writing.
Signed by the testator, or in the testator's name by another individual acting in the testator's conscious presence and at the testator's direction.
Either witnessed or notarized:
- Witnessed. At least two individuals sign the will, each within a reasonable time after watching the testator sign, or after hearing the testator acknowledge the signature or the will. (C.R.S. 15-11-502(1)(c)(I).)
- Notarized. The testator acknowledges the will before a notary public or another individual authorized by law to take acknowledgments. (C.R.S. 15-11-502(1)(c)(II).)

The notary path is the part most online summaries miss. Colorado is one of the few states whose statute validates a will acknowledged before a notary with no witnesses at all. Either path works on its own. You do not need both.

Two practical details from the statute are worth knowing. "Conscious presence" requires physical proximity to the testator, but not necessarily a direct line of sight. (C.R.S. 15-11-502(4).) And the witnesses do not have to sign at the signing table. Each witness must sign within a reasonable time after witnessing the signature or acknowledgment, and the statute even permits a witness to sign after the testator's death. Still, the clean practice is everyone signing together in one sitting.

Who Can Witness, and What If a Witness Inherits

Any individual who is generally competent to be a witness may witness a Colorado will. The signing of a will by an interested witness, meaning a witness who also inherits under the will, does not invalidate the will or any provision of it. (Source: C.R.S. 15-11-505.)

So a beneficiary-witness does not void the will or forfeit a gift in Colorado. Even so, disinterested witnesses are the safer practice. They remove an easy undue-influence argument if anyone ever challenges the will.

Handwritten (Holographic) Wills

Colorado recognizes holographic wills. A will that does not meet the witness or notary requirements is still valid, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting. (Source: C.R.S. 15-11-502(2).)

Read the conditions closely:

Material portions handwritten. The material terms, such as who gets what, must be in the testator's own handwriting. Printed text can appear on the page, and the court may even use the printed portions as evidence of intent. (C.R.S. 15-11-502(3).)
Signed. The testator must sign the document.
Intent still matters. The court must be satisfied that the testator intended the document as a will, and extrinsic evidence can establish that intent.

A holographic will is a real option in Colorado, but it is the most contested kind. Handwriting disputes, unclear wording, and missing pages generate litigation. A typed will signed before two witnesses or a notary, with a self-proving affidavit attached, is usually the cleaner path.

Colorado also has a safety valve for documents that miss the formalities. Under C.R.S. 15-11-503, a court can treat a defective document as a valid will if the proponent proves by clear and convincing evidence that the decedent intended it as a will. Treat that as a litigation rescue tool, not a planning strategy.

Self-Proving Affidavits

A will executed with attesting witnesses may be made self-proved, at signing or any time afterward, by the acknowledgment of the testator and the affidavits of the witnesses before an officer authorized to administer oaths, such as a notary, evidenced by the officer's certificate under official seal. The statute supplies model affidavit language. (Source: C.R.S. 15-11-504.)

What this means when you sign:

A self-proving affidavit is optional. A will without one is still valid if it was signed correctly.
With the affidavit attached, the court can accept the will without tracking down the witnesses, which saves time and avoids problems when a witness has died or moved.
A signature on the self-proving affidavit can even count as a signature on the will itself if needed to prove due execution. (C.R.S. 15-11-504(3).)

Note the affidavit applies to witnessed wills. If you use the notary-only path under C.R.S. 15-11-502(1)(c)(II), the will is valid, but the witness-based self-proving procedure does not attach to it in the same way. Many Colorado attorneys still prefer two witnesses plus a self-proving affidavit for the smoothest probate.

Electronic, Out-of-State, and Oral Wills

Three boundary questions come up often:

Electronic wills are allowed. The Colorado Uniform Electronic Wills Act (C.R.S. 15-11-1301 to 15-11-1311) makes an electronic will a will for all purposes of Colorado law. It must be readable as text, signed by the testator, and either signed by two witnesses or acknowledged before a Colorado notary, with detailed rules in C.R.S. 15-11-1305. Follow the statute closely, because the technical requirements are strict.
Out-of-state wills generally hold up. A written will is valid in Colorado if it complies with C.R.S. 15-11-502 or 15-11-503, or with the law of the place where it was executed, or the law of the place where the testator was domiciled, had a place of abode, or was a national. (C.R.S. 15-11-506.)
Oral wills do not work. Colorado requires a writing. Do not rely on a spoken statement of wishes.

How a Colorado Will Is Revoked

A will or any part of it is revoked in two ways. First, by executing a later will that revokes the earlier one expressly or by inconsistency. Second, by a revocatory act: burning, tearing, canceling, obliterating, or destroying the will or any part of it, done by the testator with intent to revoke, or by another individual in the testator's conscious presence and at the testator's direction. (Source: C.R.S. 15-11-507.)

Three follow-on rules round out the picture:

A complete later will replaces, a partial one supplements. If a later will makes a complete disposition of the estate, the court presumes it replaces the earlier will. If it disposes of only part, the court presumes it supplements the earlier will and revokes it only where the two conflict. (C.R.S. 15-11-507(2) to (4).)
Life changes alone do not revoke a will, with two statutory exceptions: divorce and a felonious killing of the testator. (C.R.S. 15-11-508, which carves out §§ 15-11-803 and 15-11-804.)
Divorce is the common exception. Divorce or annulment automatically revokes revocable dispositions to the former spouse and to relatives of the former spouse, revokes their nominations as personal representative, trustee, agent, or guardian, and severs joint tenancies with the former spouse, unless a governing instrument, court order, or marital agreement says otherwise. (C.R.S. 15-11-804.) The other exception is the slayer rule: a person who feloniously kills the testator forfeits everything the will gives them. (C.R.S. 15-11-803.)

Revoking a later will does not automatically revive an earlier one. Revival depends on the testator's intent under C.R.S. 15-11-509, so never count on an old will springing back. Sign a new one.

After any divorce, review the whole estate plan. The will, beneficiary designations, and any trust do not all update on the same rules.

Storing the Will and the 10-Day Lodging Duty

Colorado adds two custody rules that few states match:

Lifetime deposit. A testator (or the testator's agent) may deposit the will with any court for safekeeping. The court seals it and keeps it confidential during the testator's lifetime. (C.R.S. 15-11-515.)
Lodging after death. Within ten days after the testator's death, or as soon as the death becomes known, the person holding the will must deliver it to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled. Willful failure creates liability to anyone harmed, and ignoring a court order to deliver the will is punishable as contempt. (C.R.S. 15-11-516.)

The court that receives the will is the district court for the county in one of Colorado's 23 judicial districts, except in the City and County of Denver, where the standalone Denver Probate Court handles probate. Lodging is not the same as opening a probate case. It simply puts the will on file. The deadlines that follow are mapped in the Colorado probate timeline.

What This Means for Your Plan

If you want a Colorado will that holds up, the cleanest version usually looks like this:

Confirm the testator is at least 18 and of sound mind.
Put the will in writing and have the testator sign it.
Have two competent, ideally disinterested, witnesses sign within a reasonable time, or have the testator acknowledge the will before a notary.
If witnesses signed, add a self-proving affidavit under C.R.S. 15-11-504 so no one has to find them at probate.
Store the original safely, tell the personal representative where it is, and remember the 10-day lodging duty after death.

A will is one piece of a Colorado estate plan, and it works alongside documents that operate during life. Use the will to name a guardian for your children, pair it with a Colorado power of attorney and a Colorado advance directive for lifetime decisions, and weigh non-probate transfers like the beneficiary deed for assets you want to keep out of court. For the broader picture of how an estate moves through the courts, start at the Colorado probate guide or the Colorado county probate directory.

This guide is general information about Colorado wills. It is not legal advice. Confirm anything that affects your situation with the district court clerk, the Denver Probate Court, or a licensed Colorado attorney before you sign or rely on a will.

Sources

Sources:

Title: C.R.S. 15-11-501, Who may make a will. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-502, Execution; witnessed or notarized wills; holographic wills. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-503, Writings intended as wills. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-504, Self-proved will. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-505, Who may witness. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-506, Choice of law as to execution. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-507, Revocation by writing or by act. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-515 and 15-11-516, Deposit of will with court in testator's lifetime; duty of custodian of will, lodging of will after death. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-804, Revocation of probate and nonprobate transfers by divorce. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: C.R.S. 15-11-1301 to 15-11-1311, Colorado Uniform Electronic Wills Act. Publisher: Colorado Revised Statutes, Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025 statutes, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
Title: Colorado Revised Statutes (official access page). Publisher: Colorado General Assembly. Publication Date: Current official code, accessed 2026-06-10. URL: https://leg.colorado.gov/colorado-revised-statutes
Title: 2025 CRS Titles for Download. Publisher: Office of Legislative Legal Services, Colorado General Assembly. Publication Date: 2025, accessed 2026-06-10. URL: https://leg.colorado.gov/agencies/office-legislative-legal-services/2025-crs-titles-download
Title: Probate Court (district courts and Denver Probate Court). Publisher: Colorado Judicial Branch. Publication Date: Current, accessed 2026-06-10. URL: https://www.coloradojudicial.gov/courts/trial-courts/probate-court
Title: Denver Probate Court. Publisher: Colorado Judicial Branch. Publication Date: Current, accessed 2026-06-10. URL: https://www.coloradojudicial.gov/courts/trial-courts/denver-probate