Detailed Answer

In Colorado, you can replace an old will with a new one without filing either document with a court while you are alive. A properly executed later will generally revokes earlier wills either by an express revocation clause or by clear inconsistency between the two documents. Courts only see wills when a person dies and the estate goes to probate; you do not need to file a will with the court to make a valid revocation during your lifetime.

How revocation works

Colorado follows the general rules that:

• A later will that contains language such as “I revoke all prior wills and codicils” will, if properly executed, revoke any inconsistent earlier wills.
• A later will inconsistent with an earlier will (for example, it distributes the same property to different people) will revoke the earlier will to the extent of the inconsistency.
• You may also revoke a will by a physical act (for example, destroying the earlier will with the intent to revoke).

For the official Colorado statutory framework on wills (execution and revocation), see Colorado Revised Statutes, Title 15 (Probate). You can review the statutes at the Colorado General Assembly website: https://leg.colorado.gov/colorado-revised-statutes.

Steps to update your will so the new document revokes the old

1. Draft a new will that expressly revokes prior wills. Use clear language such as: “I hereby revoke all prior wills and codicils made by me” or similar wording near the start of the new document. That explicit clause removes doubt about your intent.
2. Execute the new will according to Colorado formalities. To be effective the new will must be executed according to Colorado law. That generally means the testator must be legally capable (usually 18 or older and of sound mind) and the will must be signed and witnessed as required by statute. Colorado requires proper witness attestation for a will to be valid. Because statutory specifics can affect validity, use a qualified attorney or verified statutory checklist when executing a will. (See the Colorado Revised Statutes, Title 15 for statutory rules.)
3. Use a self-proving affidavit if possible. At execution you and the witnesses can sign a self-proving affidavit (signed and notarized) that makes proving the will in probate easier after death. A self-proving will often avoids having witnesses appear in court later.
4. Store the new will and deal with the old one. Keep the newly executed will in a safe, accessible place (with your attorney, a safe-deposit box, or another secure location). You may destroy the old will yourself to make your intent clear, but do this only if you are certain the new will is properly executed and stored. If you destroy the old will, document what you did (for example, have a trusted witness observe and sign a short written statement that you destroyed the prior will with the intent to revoke it). If you prefer, keep the old will but clearly mark it as “revoked” and store it with the new will — whatever you do, make sure the executor and key family members know which document is the operative will.
5. Tell your chosen executor and relevant family members where the new will is kept. Because you do not file wills with the court while alive, the executor must know where to find the will after your death.
6. Consider professional help. Estate planning attorneys can draft clear revocation language, make sure the will meets Colorado execution rules, prepare a self-proving affidavit, and advise whether a codicil (a limited amendment) may be sufficient instead of a whole new will.

Practical examples

Example A — Full replacement: You sign a new will that includes an explicit revocation clause and leaves your estate to Person X. The new will is properly witnessed and executed. The new will is effective immediately and revokes the prior will to the extent of any inconsistency.

Example B — Partial change via codicil: If you only want to change a small part of an earlier will (for example, a single bequest), you may execute a codicil that follows the same formalities as a will. A valid codicil amends the earlier will and avoids rewriting the entire will. If the codicil conflicts with the will, the later instrument governs.

What to avoid

• Do not rely on unsigned drafts to revoke prior wills. A draft that is not executed properly will not revoke an earlier valid will.
• Do not shred or dispose of an earlier will before the new will is properly executed and stored, unless you fully understand the legal consequences of destroying the document.
• Avoid informal attempts to revoke (for example, crossing out provisions) unless you follow the statutory formalities: informal changes usually fail.

Statutory reference: For the statutory provisions governing wills, execution, and revocation in Colorado, see Colorado Revised Statutes, Title 15 — Probate and Guardianship (Wills provisions are in the Title 15 sections). Review the statutes here: https://leg.colorado.gov/colorado-revised-statutes.

Disclaimer: This article explains general Colorado law and is for educational purposes only. It is not legal advice. For advice about your particular situation, contact a licensed Colorado attorney.

Helpful Hints

• Include a clear revocation clause in any new will: simple and explicit language reduces disputes.
• Execute the new will with two competent witnesses and consider a self-proving affidavit to simplify probate.
• Do not destroy the old will until the new will is correctly executed and stored — if you destroy the old will, document the act and your intent.
• If you only need a small change, consider a codicil instead of rewriting the entire will.
• Store the new will in a safe place and tell your executor or a trusted person where to find it.
• Keep records: note the date of execution, location, and names of witnesses; keep a copy or provide a copy to your attorney.
• Review beneficiary designations on non-probate assets (retirement accounts, life insurance, payable-on-death accounts) because those designations override your will.
• When in doubt, consult a Colorado-licensed estate planning attorney to confirm formalities and avoid later probate contests.