The good old pen and paper always seem reliable, especially when you want to keep important details to yourself. You might even have a handwritten will already written, tucked away somewhere. But is it legally valid in Colorado?
What is a handwritten (holographic) will?
A holographic will is a document entirely written and signed in your own handwriting. These wills are often created without a lawyer, witnesses or a notary. You may choose them for simplicity, privacy or convenience.
Are handwritten wills valid in Colorado?
Yes, Colorado does recognize handwritten wills, but only under specific conditions. The key requirements are that the important parts, like what you are leaving and to whom, must be in your handwriting, and you must sign the will.
However, handwritten wills are more likely to be challenged in probate court. This is because they tend to lack the clarity and legal structure that formal wills offer.
Risks of relying on a handwritten will
Handwritten wills may miss important details. Courts might wonder if the person writing the will was of sound mind or if someone else pressured them. Even small, unclear parts in the will can cause big questions about what was meant. For example, a handwritten will might not name an executor, the person who carries out your wishes. They might also leave out backup beneficiaries in case someone in the will passes away before you. Additionally, they may leave out instructions for things like funeral plans, pet care, digital accounts or business succession. These missing details can cause confusion, delays or even family disputes that end up in court.
Why a comprehensive estate plan matters
A will is just one part of a full estate plan. To truly protect your loved ones and your assets, you should include other important documents. These include:
- Financial and medical powers of attorney: Designate someone to handle your finances or make healthcare decisions if you become unable to do so.
- Living will: Specify your preferences for medical care if you are unable to communicate them yourself.
- Trusts: Help avoid probate, reduce taxes, manage assets for children or support loved ones with special needs.
- Beneficiary designations: Directly pass assets like IRAs, 401(k)s and life insurance to named individuals.
These tools work together to reduce stress on your family, avoid probate issues and make sure every asset follows your wishes. A handwritten will rarely includes all of these protections.
Ready to protect what matters most?
While it is acceptable to have a handwritten will, it might be best for an estate planning attorney to review it to make sure it meets legal requirements and reflects your true intentions. More importantly, a lawyer can guide you through creating a more durable, personalized estate plan. With their help, you can avoid common mistakes, prepare for unexpected life changes and ensure your assets are protected under Colorado law.