Disclaimer
This article is for general informational purposes and is not legal advice. For advice specific to your situation, consult a qualified attorney.
Detailed Answer
Under Colorado law, a valid will must be in writing, signed by the testator, and witnessed by at least two individuals present at the same time (C.R.S. §15-11-502). Notarization is optional and not required for validity.
If the document was entirely handwritten and signed by the decedent, it may qualify as a holographic will. Colorado recognizes holographic wills without witnesses or notarization if the material provisions and signature appear in the testator’s handwriting (C.R.S. §15-11-504).
To probate a holographic will, follow these steps:
- File a petition for probate in the county court where the decedent resided.
- Attach the original handwritten will and one or more affidavits from individuals who can attest to the handwriting and authenticity of the signature.
- Provide notice to heirs, beneficiaries, and creditors as required (C.R.S. §15-12-204).
- Attend any court hearing and obtain letters testamentary.
If the will is typed or not wholly in the testator’s handwriting and lacks witness signatures, it generally cannot be admitted as a formal or holographic will. In that case, consider Colorado’s small estate affidavit process if total personal property does not exceed $100,000 (C.R.S. §15-12-101). Under this procedure, heirs may collect assets without full probate by filing an affidavit with the court and relevant institutions.
Alternatively, if neither formal probate nor small estate procedures apply, interested parties can petition for appointment of an administrator under intestate succession rules (C.R.S. §15-11-301) or seek an informal settlement agreement among heirs.
Key Steps to Probate an Improperly Executed Will
- Determine if the document qualifies as a holographic will (C.R.S. §15-11-504).
- Draft and file the appropriate petition (formal probate or small estate affidavit).
- Gather and attach affidavits to prove handwriting or witness testimony.
- Serve or mail required notices to heirs, beneficiaries, and creditors.
- Attend court hearings and secure letters testamentary or letters of administration.
- Distribute assets and close the estate following court orders and statutory timelines.
Helpful Hints
- Keep the original will secure to prevent loss or tampering.
- Collect affidavits from anyone who witnessed the testator’s signature or knew their handwriting.
- Verify the total value of personal property before choosing small estate procedures.
- Maintain clear records of notices and service dates.
- Consult a probate attorney if the estate is complex or if disputes arise.