While a professionally drafted will is ideal, Colorado law recognizes the validity of handwritten wills, also called holographic wills, provided they meet certain requirements.
A last will and testament is an important document for just about anyone in Colorado. If you do not have a valid will, the state – not you – determines who gets your assets after you die, jeopardizing your legacy and potentially leaving your loved ones unprotected.
Legal Requirements for Handwritten Wills in Colorado
The Colorado Revised Statutes spell out the legal requirements for handwritten wills. (See Sections 15-11-502 to 15-11-513.) Those requirements include:
- The testator must write most of the will themselves. The person creating the will (the testator) must write the material provisions in their own handwriting. The entire will does not need to be in the testator’s handwriting, but most of the document should be.
- The testator must sign the will themselves. The person making the will must sign it themselves. If they are unable to sign the will, someone else can do so for them, but only in their presence and under their direction.
- The will must show clear intent. The document must show that the person intended it to serve as their will. The document’s wording or extrinsic evidence can demonstrate this intent, even if some parts of the will aren’t handwritten.
- No witnesses or notarization are required. Unlike formal wills, a handwritten will does not require witnesses or the service of a notary public, though such corroborations would support the will’s validity.
Note that the probate court ultimately decides questions of validity upon the testator’s death. If there’s a dispute about the holographic will during the probate process, a judge will determine whether the document qualifies as a valid will under Colorado law.
Risks and Challenges of Handwritten Wills
Handwritten wills are not as secure as professionally drafted wills, as people often create them without legal guidance, which increases the chance of mistakes. If the wording is unclear or key details are missing, someone could challenge the will, and a court might deem it invalid.
Disputes between family members are also more likely with informal, handwritten documents. Without witnesses, it’s harder to prove the person intended the writing to serve as their final wishes, which can lead to costly and heated legal battles.
Alternatives to Handwritten Wills
A professionally prepared will is a safer alternative to a handwritten one. Our experienced estate planning attorneys can help you clearly outline your wishes, avoid making mistakes, and draft your will so that it meets all state requirements. Other estate planning instruments, such as revocable living trusts, provide more flexibility for distributing your assets after your death. These tools reduce the risk of disputes and make it easier for your family to fulfill your final wishes.
Get Help from Our Colorado Estate Attorneys
Don’t leave your legacy to chance. Instead, get the legal help you need to draft a valid will that protects your loved ones and provides clear instructions about your wishes. Call Peakstone Law Group today or complete our contact form for a free consultation with a Colorado estate planning attorney.