Some people in Colorado can take control of their legacies with a simple will. They don’t need an assortment of different documents as long as they have a valid will on record. Wills allow people to choose their own beneficiaries and outline what resources different people should receive from their estates. People can choose the personal representative who administers their estate after they die and can also name a guardian to help support their minor children.
A will can theoretically provide protection both for the individual who drafts the document and the people they love the most. Unfortunately, some people make mistakes when drafting or updating wills that affect their validity later. For example, people sometimes create electronic documents that they think can replace a written will. Unfortunately, the courts may not uphold documents that don’t meet Colorado state standards. Witness signatures are an important requirement for any testamentary instrument.
What do Colorado probate laws require?
To protect against the possibility of fraud and diminish the risk of undue influence exerted by outside parties, wills typically have to have appropriate witness signatures in addition to the signature of the testator. Currently, Colorado law requires the signature of two competent adult witnesses. Those witnesses may later need to validate the claim that the testator was the party who signed the documents and that they had the necessary capacity to draft enforceable documents. Unlike some states, Colorado does not explicitly prohibit testators from having a beneficiary serve as one of their witnesses.
Notarization of the document is typically not required for it to comply with state statutes. As a general rule, getting signatures from outside parties who do not have an interest in the estate is preferable to using witnesses who inherit sizable amounts from the estate. The witnesses do not necessarily need to be present when the testator signs the documents. They simply need to see the documents and hear the testator affirm that they signed of their own volition. Provided that two witnesses have signed a Colorado will and that it meets other state standards, it can theoretically guide the distribution of a testator’s property after their death.
Those with the right support while creating wills and other estate planning documents can avoid mistakes that could render their documents invalid. Witness signatures are one of several important requirements for valid testamentary instruments in Colorado.