Estate plan requirements
Colorado
Everything you need to create a valid estate plan in Colorado: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
—
POA
N
Healthcare Dir.
2W
E-will
Adopted
Since 2022
Online notary (RON)
Authorized
Since 2020
Remote witnessing (ROW)
Wills only
Since 2021
Community property
No
Minimum age
18
Will
Witnesses: 2 required
Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment. Colorado also accepts notarization as an alternative to witnesses.
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Valid
Handwritten wills without witnesses are recognized in Colorado
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Durable Power of Attorney
Witnesses: None required
No witnesses required for power of attorney
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Healthcare Directive
Witnesses: 2 required
Colorado requires 2 witnesses for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
Electronic will status
Colorado has adopted electronic will legislation (2022). You may be able to create, sign, and witness a will electronically using approved methods.
Remote online notarization
Colorado authorized remote online notarization (RON) in 2020. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
Remote online witnessing
Colorado authorized remote online witnessing (ROW) in 2021. Witnesses can observe your will signing via live video call instead of being physically present. Other estate planning documents still require in-person witnesses.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Colorado for guidance specific to your situation.