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The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.
A will may be deemed invalid if it is the product of undue influence. In Colorado, this occurs when another person's actions take away the free will of the testator, such as in cases of coercion or duress.
In order for a will to be considered valid in the state of Colorado, the testator must be at least 18 years old, have it signed by at least two witnesses (either before or after the testator's death), and have it either typed or handwritten. The state does not recognize oral (or "noncupative") wills.
In order for a will to be considered valid in the state of Colorado, the testator must be at least 18 years old, have it signed by at least two witnesses (either before or after the testator's death), and have it either typed or handwritten. The state does not recognize oral (or "noncupative") wills.
In Colorado, a decedent's will must be filed within ten days of his or her death even if no probate administration is expected.
No, in Colorado, you do not 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.
Pour-over will vs standard will The main difference is in scope. A standard will is intended to account for the entirety of the deceased's estate. They provide instructions for distributing all assets. By comparison, a pour-over will only gives instruction for handling assets not included in the standard will.
*Note: Colorado law requires that a decedent's will be filed (lodged) with the District Court in which the decedent was domiciled within ten days of the decedent's passing, even if no probate administration is expected.