Is my Colorado handwritten will valid?
You’ve written out your final wishes, how you want your possessions to be distributed after you pass away. It is in your own handwriting and signed by you.
Is your handwritten will legal?
That’s a little tricky. The short answer is, probably yes. But you have to make sure you cover all of your bases.
In Colorado, a handwritten will is acceptable if it meets several requirements.
- It must be in the same handwriting (yours or the person’s you have writing it for you) throughout the document.
- It must be signed and dated by you or the person who wrote it for you.
- It must have the signatures of two witnesses who are not connected to the will (not beneficiaries) OR it must be notarized.
States law does recognize handwritten wills and the courts will accept them, but they are often very problematic. They can be difficult to read or understand and some terms may not be completely clear. This can lead to conflict among the beneficiaries or family.
Handwritten wills typically take longer to process.
Your best bet is to see an asset protection attorney to help you construct a clear, legal will. This will help things go smoother and minimize confusion and conflict.
Meurer & Potter Law Office is a Denver estate planning law firm. We can help you with your will whether you are just getting started or already have a draft in place. Call today to schedule an appointment. We want to be your estate planning attorney.
