Colorado Will and Trust Laws: Witnesses or Notary, E-Wills (2026)

Under Colorado law, an individual 18 or older who is of sound mind may make a will (C.R.S. 15-11-501), and the will must be in writing, signed by the testator, and then either signed by at least two witnesses or acknowledged by the testator before a notary public or other individual authorized to take acknowledgments (C.R.S. 15-11-502(1)). That notarized option is an alternative to witnesses, not an add-on. Living trusts are governed by Article 5 of Title 15, which "is known and may be cited as the Colorado Uniform Trust Code" (15-5-101).

Colorado law also includes handwritten wills (15-11-502(2)), a court power to give effect to a document that missed a formality when clear and convincing evidence shows the decedent meant it as a will (15-11-503), and, since January 21, 2021, electronic wills that may be witnessed through electronic presence (now 15-11-1301 to 15-11-1311). For how other states compare, see wills and trusts laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Colorado statutes on making, signing, proving, changing and revoking wills (C.R.S. Title 15, Article 11, Parts 2, 3, 5, 6, 7, 8 and 13) and on revocable living trusts under the Colorado Uniform Trust Code (Title 15, Article 5), with a note on electronic trust documents under Article 24. It does not cover what happens when someone dies without a will or how estate administration works (see Colorado probate), small-estate procedures (see the Colorado small estate affidavit page), powers of attorney (see Colorado power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Colorado advance directive tool.

What makes a will valid in Colorado?

Section 15-11-501 sets capacity: "An individual eighteen or more years of age who is of sound mind may make a will." Section 15-11-502(1) sets the form. "Except as otherwise provided in subsection (2) of this section and in sections 15-11-503, 15-11-506, and 15-11-513, a will shall be:"

"(a) In writing; (b) Signed by the testator, or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) Either: (I) Signed by at least two individuals, either prior to or after the testator's death, each of whom signed within a reasonable time after he or she witnessed either the testator's signing of the will as described in paragraph (b) of this subsection (1) or the testator's acknowledgment of that signature or acknowledgment of the will; or (II) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments." (C.R.S. 15-11-502(1))

Three points follow from the text:

• Two routes. A Colorado will needs either two witnesses or a notarial acknowledgment, not both.
• Witness timing. Each witness must sign "within a reasonable time" after witnessing the testator's signing or acknowledgment, and the statute allows that signature "either prior to or after the testator's death."
• Signing for the testator. Someone else may sign the testator's name in the testator's "conscious presence" and by the testator's direction. For this section, "conscious presence requires physical proximity to the testator but not necessarily within testator's line of sight" (15-11-502(4)).

Who can be a witness

"An individual generally competent to be a witness may act as a witness to a will" (15-11-505(1)). Colorado does not penalize a beneficiary who witnesses: "The signing of a will by an interested witness does not invalidate the will or any provision of it" (15-11-505(2)).

Wills signed in another state

Under section 15-11-506, "A written will is valid if executed in compliance with section 15-11-502 or 15-11-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national."

Does a Colorado will need to be notarized? The self-proved will

Notarization is one of the two ways to execute a will under 15-11-502(1)(c)(II), but it is not required if two witnesses sign. Separately, a will made with witnesses can be self-proved under section 15-11-504(1): it "may be simultaneously executed, attested, and made self-proved by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal," in substantially the form the section sets out. Under 15-11-504(2), an attested will may also be made self-proved at any time after its execution.

The self-proving signatures do extra work. Under 15-11-504(3), "A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will's due execution." The statutory forms are in section 15-11-504; this page does not reproduce them.

Are handwritten (holographic) wills valid in Colorado?

Yes. Section 15-11-502(2) provides: "A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting."

The handwriting requirement covers the signature and the "material portions," not every word. Under 15-11-502(3), the intent that a document be the testator's will "can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting."

Are oral (nuncupative) wills valid in Colorado?

No. Section 15-11-502(1)(a) requires a will to be "In writing," and a holographic will must have its signature and material portions in the testator's handwriting (15-11-502(2)). An oral will meets neither rule, and Part 5 of Article 11, which runs from section 15-11-501 to section 15-11-517, contains no oral-will section.

Harmless error: when a court can excuse a defect

Colorado lets a court give effect to a document that was not executed correctly. Under section 15-11-503(1), a document or writing added upon a document that was not executed in compliance with section 15-11-502 "is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute" the decedent's will, a partial or complete revocation, an addition to or alteration of the will, or a partial or complete revival of a formerly revoked will.

The power has a gate. Under 15-11-503(2), subsection (1) "shall apply only if the document is signed or acknowledged by the decedent as his or her will or if it is established by clear and convincing evidence that the decedent erroneously signed a document intended to be the will of the decedent's spouse." The same section applies to electronic wills (15-11-1306).

Electronic wills and remote witnessing

The Colorado Uniform Electronic Wills Act was enacted by House Bill 21-1004, effective January 21, 2021, as Part 15 of Article 12, applying to the will of a decedent who dies on or after its effective date. Senate Bill 21-266 relocated it to Part 13 of Article 11 (C.R.S. 15-11-1301 to 15-11-1311), effective July 2, 2021. As relocated, section 15-11-1311 provides: "This part 13 applies to the will of a decedent who dies on or after July 2, 2021."

How an electronic will is signed

Under section 15-11-1305(1), an electronic will must be:

• Readable as text. "A record that is readable as text at the time of signing."
• Signed by the testator, or by another individual in the testator's name, "in the testator's physical presence, and by the testator's direction." A proxy signer must be physically present; electronic presence is not enough for that step.
• Witnessed or notarized, in one of two ways:
  • signed "in the physical or electronic presence of the testator by at least two individuals, each of whom is a resident of a state and physically located in a state at the time of signing and within a reasonable time after witnessing" the testator's signing or acknowledgment; or
  • "Acknowledged by the testator before and in the physical or electronic presence of a notary public or other individual who is authorized by Colorado law to notarize records, and who is located in Colorado at the time the notarial act is performed."

"Electronic presence" means "the relationship of 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" (15-11-1302(2)). The signature itself has a specific form: "An electronic symbol of a testator or witness must be an electronic image of the testator's or witness's signature in the testator's or witness's handwriting affixed to the electronic will" (15-11-1302(5)(b)).

Self-proving and revoking an electronic will

An electronic will can be made self-proving at signing under section 15-11-1308. The acknowledgment and affidavits are made in the physical presence of an officer authorized to administer oaths under the law of the state where the testator signs or, "if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing," in the physical or electronic presence of a notary or other individual authorized by Colorado law to notarize records "who is located in Colorado at the time the notarial act is performed" (15-11-1308(2)(a)).

An electronic will can be revoked by a later will or by a physical act, but the physical-act route requires proof: it applies "if it is established by clear and convincing evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence" (15-11-1307(2)(b)).

Paper wills

The electronic-presence rules belong to Part 13. For a paper will, section 15-11-502 governs, and its "conscious presence" test for someone signing on the testator's behalf "requires physical proximity to the testator" (15-11-502(4)).

Colorado's remote-notarization statute bars a notary from using a remote notarization system to notarize "a will, codicil, document purporting to be a will or codicil, or any acknowledgment required under section 15-11-502 or 15-11-504," except as the Electronic Wills Act provides (24-21-514.5(2)(b)(II)).

During the COVID-19 pandemic, the Colorado Supreme Court adopted Colorado Rule of Probate Procedure 92 (April 24, 2020). Under it, a paper will attested through real-time audio-video communication by two witnesses, or by one witness present and one remote, was a valid attested will under 15-11-502(1)(c)(I) only if each witness was the testator's Colorado lawyer or someone working under that lawyer's authority, each remote witness's certification was contained in the will, and the original will was later presented to the lawyer and to each remote witness to sign a certification in the original. Such a will had to be presented in a formal testacy proceeding. By its terms the rule operated only while a governor's executive order declared a public health crisis requiring social or physical distancing throughout Colorado, and the COVID-19 orders that triggered it are no longer in effect.

Changing or revoking a Colorado will

Methods of revocation

Under section 15-11-507(1), a will or any part of it is revoked "(a) By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (b) By performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part of it or if another individual performed the act in the testator's conscious presence and by the testator's direction." A revocatory act "includes burning, tearing, canceling, obliterating, or destroying the will or any part of it."

Other life changes do not revoke a will, with two exceptions: "Except as provided in sections 15-11-803 and 15-11-804, a change of circumstances does not revoke a will or any part of it" (15-11-508). Section 15-11-803 is the homicide rule and section 15-11-804 is the divorce rule.

Reviving an earlier will

Under section 15-11-509(1), if a later will that wholly revoked an earlier will is itself revoked by a revocatory act, "the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed."

Divorce and annulment

Section 15-11-804, titled "Revocation of probate and nonprobate transfers by divorce," reaches more than the will. Under 15-11-804(2), "Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment," a divorce or annulment:

• revokes any revocable disposition or appointment of property to the former spouse "in a governing instrument," and any disposition or appointment to a relative of the former spouse;
• revokes any revocable provision conferring a power of appointment on the former spouse or a relative of the former spouse;
• revokes any revocable nomination of the former spouse or a relative of the former spouse "to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent, or guardian"; and
• severs the former spouses' interests in property they held as joint tenants with the right of survivorship or as community property with the right of survivorship, making them tenants in common.

A "governing instrument" here is one the divorced person signed before the divorce or annulment, and the code defines the term to include a deed, will, trust, insurance or annuity policy, multiple-party account, TOD security registration, pension, profit-sharing, retirement or similar benefit plan, and an instrument creating or exercising a power of appointment or power of attorney (15-10-201(22); 15-11-804(1)(d)). A disposition is "revocable" for this purpose only if the divorced person, at the time of the divorce or annulment, alone had the power to cancel the designation in favor of the former spouse (15-11-804(1)(f)). A payer, such as an insurer, that pays the named beneficiary before receiving the written notice described in 15-11-804(7)(b) is not liable for that payment (15-11-804(7)(a)).

The revocation can be undone: "Provisions revoked solely by this section are revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment" (15-11-804(5)). Senate Bill 22-092 amended the section in 2022.

Federal law can override a state divorce rule for some accounts. For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub).

Homicide

Under section 15-11-803(2), "An individual who feloniously kills the decedent forfeits all benefits with respect to the decedent's estate, including an intestate share, an elective-share, an omitted spouse's or child's share, the decedent's homestead exemption under section 38-41-204, exempt property, and a family allowance." The killing also revokes revocable dispositions to the killer in a governing instrument (15-11-803(3)). Homestead rules are covered on the Colorado homestead exemption page.

Limits on what a Colorado will can do

Spouse's elective share. Under section 15-11-202(1), the surviving spouse of a decedent who dies domiciled in Colorado has a right to take "an elective-share amount equal to fifty percent of the value of the marital-property portion of the augmented estate." The marital-property portion grows with the length of the marriage under the schedule in 15-11-203(2), from the supplemental amount only for a marriage of less than one year to 100 percent at 10 years or more. If the spouse's other entitlements fall short, section 15-11-202(2)(a) provides a supplemental elective-share amount, stated in the statute as $50,000 and subject to cost-of-living adjustment under 15-10-112.

The deadline is in section 15-11-211(1): the petition must be filed in court and mailed or delivered to the personal representative "within nine months after the date of the decedent's death or within six months after the probate of the decedent's will, whichever limitation later expires," except as subsection (2) provides.

Spouse married after the will. Under section 15-11-301(1), a spouse who married the testator after the will was executed is entitled to no less than the intestate share of the part of the estate not devised outright or in trust to the testator's children born before that marriage who are not the surviving spouse's children, unless the will was made in contemplation of the marriage, the will says it is effective notwithstanding a later marriage, or the testator provided for the spouse by transfer outside the will.

Child born or adopted after the will. Under section 15-11-302(1), and subject to the exceptions in subsection (2), if a testator becomes a parent after executing a will and fails to provide for the child, the omitted child receives a share. If the testator had no child living when the will was executed, the share equals the intestate share, "unless the will devised all or substantially all of the estate to another parent of the omitted child and that other parent survives the testator and is entitled to take under the will." The section's other rules cover testators who already had children. The intestate shares are explained on the Colorado probate page.

No-contest clauses. Under section 15-11-517, a will provision "purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings."

Other rules that shape a Colorado will

• Lists of personal belongings. Under section 15-11-513, a will "may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money." The writing "shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty."
• Gifts to a relative who dies first. Under section 15-11-603(2), if a devisee fails to survive the testator "and is a grandparent or a descendant of a grandparent of either the testator or the donor of a power of appointment exercised by the testator's will," and the gift is not a class gift, a substitute gift is created in the deceased devisee's surviving descendants, subject to the section's exceptions.
• 120-hour survival. Under section 15-11-702(1), "an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by one hundred twenty hours is deemed to have predeceased the event," except as provided in subsection (4).
• Storing a will with a court. "A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential" (15-11-515).
• After death. Within ten days after the testator's death, or as soon as the death becomes known to the custodian, the custodian of a will must deliver it to the court having probate jurisdiction in the county where the decedent resided or was domiciled (15-11-516(1)). A person who willfully fails to deliver it is liable for damages to anyone aggrieved (15-11-516(2)).

Revocable living trusts in Colorado

The trust code

Article 5 of Title 15 "is known and may be cited as the Colorado Uniform Trust Code" (15-5-101). It was added by Senate Bill 18-180, effective January 1, 2019, and under 15-5-1404(1)(a) it "applies to all trusts created before, on, or after January 1, 2019." Section 15-5-103(17) defines "revocable," as applied to a trust, as "revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Creating a trust

Under section 15-5-402(1), "A trust is created only if:" the settlor has capacity to create a trust and indicates an intention to create one (or a statute, judgment or decree authorizes it); the trust has a definite beneficiary or is a charitable, animal-care or noncharitable-purpose trust; the trustee has duties to perform; and the same person is not the sole trustee and sole beneficiary. None of those requirements is a witness or a notary.

Colorado does not require a written instrument for every trust. Section 15-5-407 provides: "Except as required by a statute other than this article 5, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence."

Signing trust documents electronically

Since January 1, 2025, Article 24 of Title 15 (House Bill 24-1248) allows non-testamentary estate planning documents, including records that create, modify or revoke a trust instrument, to be signed, witnessed, attested and notarized electronically. A "non-testamentary estate planning document" is a record "that is readable as text at the time of signing and is not a will or contained in a will" (15-24-102(5)). Under 15-24-207, where another law bases a document's validity on whether it is signed, witnessed or attested by another individual, "the signature, witnessing, or attestation of that individual may be electronic." Wills stay under Part 13 of Article 11.

Revocable by default, with a date limit

Section 15-5-602(1) provides: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection (1) does not apply to a trust created under an instrument executed before August 7, 2013."

How to revoke or amend

Section 15-5-602(3) sets the methods:

"The settlor may revoke or amend a revocable trust: (a) By substantial compliance with a method provided in the terms of the trust; or (b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by any other method manifesting clear and convincing evidence of the settlor's intent, which may include a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust." (C.R.S. 15-5-602(3))

An agent under a power of attorney may exercise the settlor's powers to revoke, amend or distribute trust property "only to the extent expressly authorized by the terms of the trust or the power" (15-5-602(5)). While the trust is revocable, "rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor" (15-5-603(2)).

Creditors

Under section 15-5-505(1)(a), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." After the settlor's death, "the property of a trust that was revocable at the settlor's death is subject to claims and allowances as provided in section 15-15-103" (15-5-505(1)(c)).

Certification of trust

Under section 15-5-1013(1), instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust stating, among other things, that the trust exists and the date the instrument was executed, the settlor's identity, the acting trustee's identity and address, the trustee's powers in the pending transaction, and whether the trust is revocable and who may revoke it. A person who relies on the certification "without knowledge that the representations contained therein are incorrect is not liable to any person for so acting" (15-5-1013(6)).

After the settlor dies: notice and the contest deadline

Under section 15-5-813(2)(c), within 60 days after the trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries of the trust's existence, the settlor's identity, the right to request the portions of the trust instrument that describe or affect the beneficiary's interest, and the right to a trustee's report. Under 15-5-813(5), this duty does not apply to a revocable trust that became irrevocable before January 1, 2019.

The contest deadline is in section 15-5-604(1)(a). A person must bring a proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of "(I) Three years after the settlor's death; or (II) One hundred twenty days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." Under 15-5-604(1)(b), that limit "is an absolute bar that may not be waived or tolled."

Registration

Registering a trust with a court is optional for a trustee whose trust has its principal place of administration in Colorado (15-5-205(1)), and "Registration of a fully and concurrently revocable inter vivos trust shall not be made until such a time as the settlor's power to revoke such a trust has terminated" (15-5-205(2)).

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Under section 15-11-511(1), "A will may validly devise property to the trustee of a trust established or to be established" during the testator's lifetime, "regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death."

The limit is in 15-11-511(3): "A revocation or termination of the trust before the death of the testator causes the devise to lapse, but exhaustion of trust corpus between the time of execution of the testator's will and the testator's death shall not constitute a lapse," subject to the rest of that subsection.

Colorado wills and trusts at a glance

Recent changes

• House Bill 21-1004 (2021). Enacted the Colorado Uniform Electronic Wills Act, effective January 21, 2021.
• Senate Bill 21-266 (2021). Relocated the Electronic Wills Act to Part 13 of Article 11, effective July 2, 2021.
• Senate Bill 22-092 (2022). Amended the divorce section (15-11-804), the homicide section (15-11-803) and the omitted-children section (15-11-302), effective August 10, 2022.
• House Bill 24-1248 (2024). Added Article 24 of Title 15, effective January 1, 2025, allowing trust instruments and other non-testamentary estate planning documents to be signed, witnessed and notarized electronically.

Making a will in practice

The site's free Colorado will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 15-11-502 (two witnesses or a notarial acknowledgment), or Part 13 for an electronic will, and the self-proving procedure in section 15-11-504 is available for a witnessed will. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Colorado. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Colorado probate
• Colorado small estate affidavit
• Colorado power of attorney laws
• Colorado homestead exemption

This article provides general legal information about Colorado law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Colorado or the probate court in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

Does a will need witnesses in Colorado?

A will needs either two witnesses or the testator's acknowledgment before a notary or other official authorized to take acknowledgments (C.R.S. 15-11-502(1)(c)). Each witness signs within a reasonable time after witnessing the testator sign or acknowledge. A holographic will is valid without witnesses (15-11-502(2)).

Can a notarized will replace witnesses in Colorado?

Yes. Under 15-11-502(1)(c)(II), a will in writing and signed by the testator is validly executed if the testator acknowledges it before a notary public or other individual authorized by law to take acknowledgments, as an alternative to two witnesses.

Is a handwritten will valid in Colorado?

Yes, whether or not it is witnessed, if the signature and material portions of the document are in the testator's handwriting (15-11-502(2)).

Can I make an electronic will in Colorado?

Yes. Colorado has recognized electronic wills since January 21, 2021, under the Colorado Uniform Electronic Wills Act, now 15-11-1301 to 15-11-1311. Section 15-11-1305 sets the signing, witnessing and notarization conditions, explained in the electronic wills section above.

Does divorce revoke a will in Colorado?

Divorce or annulment revokes revocable gifts to the former spouse and nominations of the former spouse, such as executor, unless the will, a court order or a property-division contract provides otherwise (15-11-804); remarriage to the former spouse or nullification of the divorce revives them. The section also reaches other instruments, and federal law limits it for ERISA plans; see the divorce section.

Can a spouse be left out of a will in Colorado?

A surviving spouse of a decedent domiciled in Colorado may elect a share of the augmented estate that depends on the length of the marriage (15-11-202, 15-11-203). The petition is due within nine months after death or six months after probate of the will, whichever is later (15-11-211).

Is a living trust revocable in Colorado?

For a trust created under an instrument executed on or after August 7, 2013, yes, unless its terms expressly make it irrevocable (15-5-602(1)). That default does not apply to older instruments.

Can a will change a living trust in Colorado?

Possibly. If the trust sets no method for revoking or amending it, or its method is not expressly exclusive, the settlor may use any method showing clear and convincing evidence of intent, which may include a later will or codicil that expressly refers to the trust or specifically devises its property (15-5-602(3)).

How long do you have to contest a revocable trust in Colorado?

The earlier of three years after the settlor's death or 120 days after the trustee sent a copy of the trust instrument and the statutory notice (15-5-604(1)(a)). The limit is an absolute bar that may not be waived or tolled.