What makes a will valid in Colorado?
As of October 2026, a Colorado will is valid if you are at least 18 and of sound mind, the will is in writing, and you sign it. You also need either 2 witnesses or a notary. A self-proving affidavit makes the will easier to prove later. Handwritten and electronic wills can also be valid.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
- Reading time
- 6 minutes
This guide is general information about Colorado and Arizona law as of . It is not legal advice.
Who can make a will in Colorado?
Anyone who is at least 18 and of “sound mind” can make a will in Colorado (C.R.S. 15-11-501). The person making the will is called the testator.
Sound mind means you have capacity. In general, you understand what you own, who your family is, and what the will does. You don’t need a perfect memory. A person with early memory loss may still be able to sign a valid will.
How must a Colorado will be signed?
Colorado law has three basic rules for a typed will (C.R.S. 15-11-502):
- It must be in writing. A spoken will is not enough.
- You must sign it.
- It must be witnessed or notarized. Either 2 people sign as witnesses, or you acknowledge your signature before a notary.
Arizona, by contrast, has no notary option. It requires 2 witnesses.
Signing mistakes are common, and they can make a will fail or end up in court. Many people have a lawyer oversee the signing, especially for a will they wrote themselves.
Can a family member or beneficiary witness a Colorado will?
Yes. In Colorado, a witness who inherits under the will does not make the will, or their gift, invalid (C.R.S. 15-11-505).
Even so, many lawyers prefer witnesses who do not inherit. If someone later questions the will, neutral witnesses make it easier to defend.
What is a self-proving affidavit?
A self-proving affidavit is a sworn statement. You and your 2 witnesses sign it in front of a notary, usually when you sign the will (C.R.S. 15-11-504). It says the will was signed properly.
Later, the court can usually accept the will without tracking down the witnesses. This saves your family time and stress during probate. Many lawyers include one as a matter of course.
Is a handwritten will valid in Colorado?
It can be. A holographic will is valid in Colorado if the signature and the important parts are in your own handwriting. Witnesses are not needed (C.R.S. 15-11-502(2)).
But handwritten wills often cause problems. They can be hard to read. They may leave out who is in charge, or what happens if someone dies first. Families often end up arguing about what a line means.
What if a will has a mistake?
Colorado has a “harmless error” rule. A court may treat a document as a valid will, even if it wasn’t signed exactly right. But the person relying on it must show by clear and convincing evidence that the writer meant it to be their will (C.R.S. 15-11-503).
This is a safety net, not a plan. It usually takes a court hearing, which costs time and money. Signing the will correctly from the start avoids this.
Can you sign a will electronically in Colorado?
Yes. Colorado allows electronic wills under the Colorado Uniform Electronic Wills Act. It took effect July 2, 2021 (C.R.S. 15-11-1301 to -1311).
An electronic will must be a readable record, signed by you. It also needs 2 witnesses or a notary, as with a paper will. Witnesses can be present in person or electronically. A notary must be located in Colorado.
Is a will from another state valid in Colorado?
Usually, yes. Colorado accepts a will that was valid under the law of the place where it was signed, or where you lived at the time (C.R.S. 15-11-506).
If you moved to Colorado from another state, it is still common to have your will reviewed. Terms, titles, and tax rules may not fit Colorado law. Your powers of attorney may need updates too.
What should you gather before making a will?
You don’t need everything to get started. But these items will help your lawyer draft a will that fits your life:
- People: full names of your spouse, children, and anyone you want to include.
- Your choices: who should be your personal representative, plus a backup.
- Guardians: who should raise young children, if you have any.
- Property: a general idea of what you own and how it is titled. Values help, but aren’t required.
- Beneficiary forms: copies or a list for your life insurance and retirement accounts.
- Old documents: any earlier will, trust, or power of attorney.
- Agreements: a prenuptial agreement or divorce decree, if you have one.
Our printable what to bring checklist has the full list.
What should a Colorado will include?
Most wills cover these basics:
- who receives your property, and what happens if someone dies before you,
- who will be your personal representative, and a backup,
- a guardian for children under 18,
- whether your personal representative must post a bond,
- if you have a living trust, a pour-over will clause that sends leftover property to the trust.
A will does not control everything. Accounts with a named beneficiary, payable-on-death accounts, and property in a living trust pass outside the will.
What happens if you die without a will in Colorado?
If you die without a valid will, you die intestate. Colorado law then decides who inherits (C.R.S. 15-11-102, -103). The rules start with a spouse and children, then parents and other relatives.
The result may not match your wishes, especially in a blended family. Colorado also lets unmarried partners sign a recorded designated beneficiary agreement, which can affect who inherits (C.R.S. 15-11-102.5).
Where should you keep your will?
Many people keep the original signed will somewhere safe, such as a fire-safe box at home, and tell their personal representative where it is. A copy usually is not enough in probate.
Colorado courts also accept a will for safekeeping. The fee is $18 (Colorado Judicial Branch fee list, as of October 2026).
How often should you update your will?
Many people review their will every three to five years, and after any big change, such as a marriage, divorce, birth, death, or move to another state. To change your will, sign a new one, or a codicil.
If you live in Arizona, what is different?
Arizona’s rules differ in several ways (as of October 2026):
- Arizona requires 2 witnesses. There is no notary-only option (A.R.S. 14-2502).
- Beneficiaries should not witness. For wills signed on or after October 1, 2019, a beneficiary or a relative of one may not witness, unless the will is self-proved (A.R.S. 14-2505).
- Handwritten wills are valid if the signature and key parts are in your handwriting (A.R.S. 14-2503).
- Electronic wills are allowed, with extra steps. The record must include a copy of your current government ID (A.R.S. 14-2518). A self-proved electronic will needs a notary’s electronic seal and a qualified custodian (A.R.S. 14-2519).
- Community property. Arizona is a community property state, which can affect what your will controls (A.R.S. 25-211).
- Other-state wills are accepted if valid where they were signed (A.R.S. 14-2506).
Questions people ask
Does a Colorado will need to be notarized?
Not always. Colorado accepts a will signed with either 2 witnesses or a notary (C.R.S. 15-11-502). Many people use both, with a self-proving affidavit, so the will is easier to prove later.
Is a will I made in another state still valid in Colorado?
Usually, yes. Colorado accepts a will that was valid where it was signed, or where you lived at the time (C.R.S. 15-11-506). It is still smart to have it reviewed, since other parts of the law differ by state.
Can I just write my own will by hand?
Colorado accepts a handwritten will if the signature and key parts are in your handwriting (C.R.S. 15-11-502). But homemade wills often leave out important parts or cause family disputes. A short meeting with a lawyer can prevent that.
When should you call a lawyer?
Consider calling us if:
- you have a blended family, or want to leave someone out,
- you own property in Colorado and Arizona,
- you moved here from another state and have an older will,
- a loved one’s capacity is in question,
- you want your will to work with a living trust.
Sources
- Colorado Revised Statutes, Title 15 (2024 official edition): C.R.S. 15-11-102, -102.5, -103, -501 to -506, -1301 to -1311
- Colorado Judicial Branch: court fee list
- Arizona Revised Statutes: A.R.S. 14-2502, 14-2503, 14-2505, 14-2506, 14-2518, 14-2519, 25-211
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.