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Colorado law does permit holographic wills so long as all the ?material provisions? of the will are written in the testator's own hand and the testator signed the document.
What does Colorado require? Anyone over the age of 18 and of sound mind can draft a will. Writing out the document in one's own handwriting can be part of the process of ensuring its authenticity. With such handwritten documents comes the obligation to have witnesses present when someone signs.
*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.
Does a Last Will and Testament need to be notarized or witnessed in Colorado? The rules governing Wills will vary in each state; however, in Colorado, your Will must be signed by two witnesses or notarized. As a basic standard, your witnesses must be competent individuals.
A testator must generally know: ? what his assets are, ? who his family members are, ? how his will affects who will inherit from him, and ? his will must represent his wishes. In addition, a testator must sign a will voluntarily and not be under any constraint or undue influence by another person.
I, [NAME], resident in the City of [CITY], County of [COUNTY], State of [STATE], being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and ...
An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or any provision of it.
If you are curious about your role as PR or need to obtain Letters Testamentary, call (720) 513-2299 to set up a flat-rate* legal consult with a probate attorney. The probate court will then issue Letters of Administration if someone passes without a will or Letters Testamentary if someone passes with a will.