Skip to content

How to Make a Will in Colorado (2026 Guide)

A will made in Colorado must be signed by you and by 2 witnesses to be valid. Yes (Colo. Rev. Stat. § 15-11-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Colorado will covers, generated from the same rules.

Make my free Colorado will

Colorado will requirements at a glance

Witnesses required2
Self-proving affidavitYes
Notary required for the willNo
Notary for the affidavitYes
Holographic wills recognizedYes
Electronic wills recognizedYes
Remote witnessing allowedNo
Community property stateNo
Personal property memorandumYes
No-contest clauseLimited
Will execution statuteColo. Rev. Stat. § 15-11-502
Financial POA statuteColo. Rev. Stat. § 15-14-701 et seq. (Colorado Uniform Power of Attorney Act, 2010)
Healthcare directive statuteColo. Rev. Stat. § 15-14-503 et seq. (medical durable power of attorney) and § 15-18-101 et seq. (Colorado Medical Treatment Decision Act, living will)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and either signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, or acknowledged by the testator before a notary public (Colo. Rev. Stat. § 15-11-502(1)). This service uses two witnesses and recommends the notarized self-proving affidavit as well. Witnesses must be at least 18 and generally competent; a will is not invalid because it is signed by an interested witness (Colo. Rev. Stat. § 15-11-505), but use witnesses who take nothing under the will. Witnesses need not sign in each other's presence; signing together is the safest practice.

Do you need a notary in Colorado?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Colo. Rev. Stat. § 15-11-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Colorado

  1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
  2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and either signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, or acknowledged by the testator before a notary public (Colo. Rev. Stat. § 15-11-502(1)). This service uses two witnesses and recommends the notarized self-proving affidavit as well. Witnesses must be at least 18 and generally competent; a will is not invalid because it is signed by an interested witness (Colo. Rev. Stat. § 15-11-505), but use witnesses who take nothing under the will. Witnesses need not sign in each other's presence; signing together is the safest practice.
  3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
  4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Colo. Rev. Stat. § 15-11-504). Many people sign the will and the affidavit at the notary's office in one sitting.
  5. Store the original safely. Colorado allows a testator (or the testator's agent) to deposit a will with the district or probate court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (Colo. Rev. Stat. § 15-11-515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
  6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate (which includes certain non-probate transfers) that rises with the length of the marriage, from 5% after one year to 50% after ten or more years (Colo. Rev. Stat. § 15-11-202), plus exempt property and family allowance (Colo. Rev. Stat. §§ 15-11-403, 15-11-404).

Homestead

No special restriction on devising a homestead by will. Colorado provides the surviving spouse with an exempt property allowance and family allowance (Colo. Rev. Stat. §§ 15-11-403, 15-11-404) and a homestead exemption from creditors (Colo. Rev. Stat. § 38-41-201).

If you die without a will in Colorado

If you die without a will in Colorado, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $300,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $225,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $150,000 plus half (Colo. Rev. Stat. §§ 15-11-102, 15-11-103; dollar amounts are indexed). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Colorado

  • Durable financial power of attorney: Colo. Rev. Stat. § 15-14-701 et seq. (Colorado Uniform Power of Attorney Act, 2010). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (Colo. Rev. Stat. § 15-14-705). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county clerk and recorder before using it for real estate.
  • Advance healthcare directive: Colo. Rev. Stat. § 15-14-503 et seq. (medical durable power of attorney) and § 15-18-101 et seq. (Colorado Medical Treatment Decision Act, living will). A medical durable power of attorney requires no witnesses or notary by statute (Colo. Rev. Stat. § 15-14-506), but signing before two adult witnesses and a notary is strongly recommended so it is honored out of state. A living will (declaration as to medical treatment) must be signed in the presence of two adult witnesses who are not the attending physician or their employees, not an employee of the facility where the declarant is a patient, not a creditor, and not entitled to any part of the estate (Colo. Rev. Stat. § 15-18-106). The statutory declaration form is optional (Colo. Rev. Stat. § 15-18-104).
  • HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
  • Personal property memorandum: Recognized (Colo. Rev. Stat. § 15-11-513).

Colorado notes

  • Colorado permits a will to be acknowledged before a notary in place of two witnesses (Colo. Rev. Stat. § 15-11-502(1)(c)(II)); this service still uses two witnesses plus a notarized self-proving affidavit, which is the most portable approach.
  • Colorado recognizes electronic wills under the Colorado Uniform Electronic Wills Act (Colo. Rev. Stat. § 15-11-1301 et seq.); this service produces a paper will to be signed with pen and ink.
  • Colorado recognizes holographic wills whose signature and material portions are in the testator's handwriting (Colo. Rev. Stat. § 15-11-502(2)).

Frequently asked questions

How many witnesses does a will need in Colorado?

Colorado requires 2 witnesses (Colo. Rev. Stat. § 15-11-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and either signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, or acknowledged by the testator before a notary public (Colo. Rev. Stat. § 15-11-502(1)). This service uses two witnesses and recommends the notarized self-proving affidavit as well. Witnesses must be at least 18 and generally competent; a will is not invalid because it is signed by an interested witness (Colo. Rev. Stat. § 15-11-505), but use witnesses who take nothing under the will. Witnesses need not sign in each other's presence; signing together is the safest practice.

Does a will need to be notarized in Colorado?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Colorado have a self-proving affidavit?

Yes (Colo. Rev. Stat. § 15-11-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Colorado?

Yes, Colorado recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Colorado?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate (which includes certain non-probate transfers) that rises with the length of the marriage, from 5% after one year to 50% after ten or more years (Colo. Rev. Stat. § 15-11-202), plus exempt property and family allowance (Colo. Rev. Stat. §§ 15-11-403, 15-11-404).

What happens if I die without a will in Colorado?

If you die without a will in Colorado, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $300,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $225,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $150,000 plus half (Colo. Rev. Stat. §§ 15-11-102, 15-11-103; dollar amounts are indexed). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Colorado?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Colo. Rev. Stat. §§ 15-11-517, 15-12-905).

Ready to make your Colorado will?

Free, about 15 minutes, with a Colorado signing cover sheet included. Have a licensed Colorado attorney review it before you sign.

Start my will

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.