How to Make a Will in Colorado

If you're a resident of Colorado and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

In Colorado, your will affects property you own at the time of your death, and it can also affect property your estate acquires after your death. (Colo. Rev. Stat. § 15-11-602 (2025).)

Below you'll find an overview of what a will can do for you, what Colorado laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Colorado

Here's a quick checklist for making a will in Colorado:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will in Colorado?

In Colorado, if you die without a will, your property will be distributed according to state "intestacy" laws. Colorado's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. The list of inheritors continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Colorado?

Yes. You can make your own will in Colorado, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Colorado

To create a will in Colorado, you must be:

• at least 18 years old, and
• of sound mind.

(Colo. Rev. Stat. § 15-11-501 (2025).)

Your will must be in writing and generally must be on paper. However, Colorado does allow electronic wills. (See "Can I Make a Digital or Electronic Will?," below.) (Colo. Rev. Stat. § 15-11-502 (2025).)

How to Sign and Execute My Colorado Will

To finalize your will in Colorado, you must sign your will and:

• two witnesses must sign your will after witnessing you sign or acknowledge your will, or
• you must acknowledge your will in front of a notary.

(Colo. Rev. Stat. § 15-11-502 (2025).)

If you use witnesses, they must sign your will within a reasonable time after seeing you sign or acknowledge your will. They can sign before or after your death. Even though they technically can sign after your death, it's much safer to have them sign it while you're alive to ensure that they sign it. (Colo. Rev. Stat. § 15-11-502 (2025).)

Some handwritten wills (known as "holographic wills") don't require witnesses. To make a holographic will, the signature and material provisions must be in your own handwriting. Holographic wills generally aren't a good idea because it might be harder to prove that the will is yours. Using witnesses and a notary generally makes proving the authenticity of a will easier. (Colo. Rev. Stat. § 15-11-502 (2025).)

Do I Need to Have My Will Notarized?

No, in Colorado, you don't need to notarize your will to make it legal if you have two witnesses sign it. However, if you don't want to use witnesses, you can acknowledge it in front of a notary. (Colo. Rev. Stat. § 15-11-502 (2025).)

Additionally, Colorado allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Colo. Rev. Stat. § 15-11-504 (2025).)

Can I Make a Digital or Electronic Will?

Colorado allows electronic wills (e-wills). An e-will must be readable as text at the time of signing and must be signed by the will maker and:

• signed in the physical or electronic presence of the will maker by two witnesses within a reasonable time of witnessing the will maker sign or acknowledge the will, or
• acknowledged by the will maker before a notary who's located in Colorado and is in the physical or electronic presence of the will maker.

If you use witnesses who are electronically present, they must be residents of the United States and located in the United States or its territories at the time they sign your will. Colorado defines "electronic presence" as "two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location." (Colo. Rev. Stat. §§ 15-11-1302, 15-11-1305 (2025).)

As with a traditional paper will, you can make a will self-proving by using two witnesses and a notary. (Colo. Rev. Stat. § 15-11-1308 (2025).)

The requirements for making a valid e-will can be elaborate, so you might want to consult with a lawyer if you want to make an e-will. For more details on e-wills, see What Is an Electronic Will?

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In Colorado, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Colorado?

In Colorado, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of the will with the intent to revoke it.
• making a new will that expressly revokes the previous will or has contradictory terms to your previous will.

(Colo. Rev. Stat. § 15-11-507 (2025).)

If your new will doesn't expressly revoke your previous will, the court will determine whether you intended to revoke the old will. Colorado law presumes you intended to replace your old will with the new one if you disposed of all of your estate in your new will. If you didn't dispose of all of your estate, Colorado law presumes you only wanted your new will to add to the old one. In this situation, your personal representative should follow the instructions in both wills. If terms in your wills contradict each other, your personal representative should follow the instructions in the new will. (Colo. Rev. Stat. § 15-11-507 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Colorado law revokes any language in your will that leaves property to your spouse or spouse's relatives or names your spouse or spouse's relatives to be your personal representative. This rule doesn't apply if you specifically state in your will (or the divorce decree or a contract relating to the division of the marital estate states) that divorce won't affect the provisions in your will. (Colo. Rev. Stat. § 15-11-804 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Colorado's laws about making wills here: Colorado Revised Statutes, Title 15 Probate, Trusts, and Fiduciaries, Colorado Probate Code, Article 11 Intestate Succession and Wills, Part 5 Wills and Will Contracts and Custody and Deposit of Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Colorado wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Colorado, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Colorado?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Colorado, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Colorado does allow will makers to deposit their wills with the probate court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. (Colo. Rev. Stat. § 15-11-515 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Colorado doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.