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COLORADO LEGAL INFORMATION
Last Will and Testament Statutes
Pamphlet from the Colorado State Bar Association regarding Last Wills
Colorado Probate Code, See Title 15, Article 11 which contains the Probate Code.
American Bar Association Guide to Wills and Estates
American Bar Association, Estate Planning
Selected Colorado Statutes
- Who may make a will. An individual eighteen or more years of age who is of sound mind may make a will.
Colorado Code Section 15-11-501.
- Execution and signature of will; witnesses. 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) 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.
Colorado Code Section 15-11-502.
- Self-proved will — Form and execution; how attested will made self-proved: A will 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 following form:
I, ________, the testator, sign my name to this instrument this ____ day of ____, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
____________________________________
Testator
We, [witness 1], [witness 2] the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as [his] [her] will and that [he] [she] signs it willingly (or willingly directs another to sign for [him] [her]), and that [he] [she] executes it as [his] [her] free and voluntary act for the purposes therein expressed, and that each of us, in the conscious presence of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.
__________________________ __________________________
Witness Witness
State of Colorado
County of _______________
Subscribed, sworn to and acknowledged before me by _____, the testator and subscribed and sworn to before me by _____, and _____, witnesses, this _____ day of _____, 19__.
__________________________
Notary
Colorado Code Section 15-11-504.
- Who may witness will. (1) An individual generally competent to be a witness may act as a witness to a will. (2) The signing of a will by an interested witness does not invalidate the will or any provision of it. Colorado Code Section 15-11-505.
- Revocation by writing or by act. (1) A will or any part thereof 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. For purposes of this paragraph (b), "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a "revocatory act on the will", whether or not the burn, tear, or cancellation touched any of the words on the will.
Colorado Code Section 15-11-507.
Library of Informational Legal Articles
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