Wills in Colorado, Arizona, and California
A will is a signed document that says who gets your property, who settles your estate, and who should raise your children under 18. It does not keep your estate out of probate. Colorado, Arizona, and California each set their own signing rules. Attorney Daniel R. Klein helps people in Colorado, Arizona, and California make or update a will.
In Colorado
You must be 18 or older and of sound mind (C.R.S. 15-11-501).
In Arizona
You must be 18 or older and of sound mind (A.R.S. 14-2501).
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
This page is general information about Colorado and Arizona law as of . It is not legal advice.
Who needs a will?
- You’re 18 or older and want to choose who gets what you own.
- You have children under 18 and want to name who would raise them.
- Your will is old, or you’ve married, divorced, or lost a loved one since you signed it.
- You moved here from another state and aren’t sure your will still works.
- You split your time between two states.
What does a will do?
A will is a signed document that says what should happen to your property after you die. It lets you do three main things:
- Choose who gets what. These people are your beneficiaries, the people you pick to receive something.
- Choose who is in charge. A personal representative is the person who settles your estate. Some people call this role the executor.
- Suggest a guardian. A guardian is the person a court appoints to care for someone. In your will, you can name who should raise your children under 18.
What doesn’t a will do?
A will does not avoid probate, the court process for settling an estate. In fact, your will is the set of instructions the probate court follows. Some things also pass outside your will, like accounts with a named beneficiary. If keeping your family out of court matters to you, read about living trusts.
How do we make your will with you?
-
We talk
You tell Daniel R. Klein about your family, your home, and your wishes. You don’t need exact numbers.
-
Daniel drafts it
He writes your will and explains each part in terms you can understand.
-
You review it
We go over the draft together, and you can ask for changes.
-
You sign it
We hold a signing meeting with the witnesses or notary your state requires.
-
You keep it safe
You leave with your signed will and advice on where to store it and who should know where it is.
Most people sign their will along with powers of attorney. Those cover money and medical choices while you’re still living.
Is signing a will different in Arizona?
Yes. The basic idea is the same, but the signing rules differ.
In Colorado
You must be 18 or older and of sound mind (C.R.S. 15-11-501). Your will must be in writing and signed by you. It also needs either 2 witnesses or a notary (C.R.S. 15-11-502). A witness who inherits under the will does not make it invalid (C.R.S. 15-11-505).
In Arizona
You must be 18 or older and of sound mind (A.R.S. 14-2501). Your will must be signed by you and by at least 2 witnesses. A notary alone is not enough (A.R.S. 14-2502). For wills signed on or after October 1, 2019, a person who inherits under the will, or their relative, may not be a witness unless the will is self-proved (A.R.S. 14-2505).
In both states
A holographic will is one where the signature and the important parts are in your own handwriting. Both states accept it (C.R.S. 15-11-502; A.R.S. 14-2503), but handwritten wills can lead to disputes, so it’s wise to talk with a lawyer before relying on one. A self-proving affidavit is a sworn statement signed with the will. It can save your family steps in probate. And a will that was valid where you signed it is generally valid in both states (C.R.S. 15-11-506; A.R.S. 14-2506).
What should I bring?
- Your current will, if you have one, even if it’s old or from another state.
- Names and cities of your spouse, children, and other close family.
- Names of the people you’d choose as personal representative and guardian, plus backups.
- A general idea of what you own, like a home, bank accounts, retirement accounts, or a business. Values help, but aren’t required.
- Any beneficiary forms you’ve filled out for life insurance or retirement accounts.
You can also print our what to bring checklist.
Please don’t email private documents, like account statements or medical records. We’ll tell you how to share them safely.
What does it cost?
You’ll get a written quote before any work begins. See how our fees work.
Questions people ask
Does a will avoid probate?
No. A will tells the probate court what you want, but your estate may still need probate. Small estates may qualify for a simpler process. A living trust, a beneficiary deed, or payable-on-death accounts can keep property out of probate. We can help you see which fits you.
What happens if I die without a will in Colorado or Arizona?
State law decides who inherits, usually starting with your spouse and children (C.R.S. 15-11-102 and 15-11-103; A.R.S. 14-2102 and 14-2103). The shares are different in each state. In Arizona, community property rules also matter. You also lose the chance to name who settles your estate and who should raise your young children.
I moved from another state. Is my old will still good?
Often, yes. Both states accept a will that was valid where it was signed (C.R.S. 15-11-506; A.R.S. 14-2506). But an older will may name people or follow rules that no longer fit your life. It’s wise to have it reviewed after any move.
How often should I update my will?
Look at it after any big change: a marriage, a divorce, a birth, a death, a move to a new state, or a big change in what you own. If nothing changes, a quick review every three to five years is still a good habit. Sometimes a short signed change, called a codicil, is enough.
Request a complimentary consultation
Tell us how to reach you. We’ll call you within one business day to set up your complimentary consultation.
Three short questions.
To request a consultation, call 720-806-2069 or visit kleinestatelaw.com/contact/
This form needs JavaScript
JavaScript is turned off in your browser, so this form cannot send your request. Please call 720-806-2069 (Mon–Thu 9 a.m.–5 p.m., Fri 9 a.m.–3 p.m.) or email paralegal@drklawfirm.com, and we will help you from there.