Estate plan
Colorado
Everything to plan your estate in Colorado: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will
2W
Trust
—
POA
—
HC Directive
2W
E-will
Adopted
Since 2021
RON
Since 2020
Remote online notarization
ROW
Some documents
Remote online witnessing
Community property
No
Minimum age
18
Will
Colo. Rev. Stat. §15-11-501 et seq.
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: Not required
Notarization is not required but may be recommended
State-specific notes
ViewStatutory warning notice
Medical Durable Power of Attorney
Colo. Rev. Stat. §15-14-506 (MDPOA); §§15-18-101 et seq. (Declaration as to Medical Treatment / living will); §15-18.7-101 et seq. (MOST, separate document)
Witnesses: 2 required, or notary
Colorado accepts either 2 witnesses or notarization
Notarization: Accepted as alternative
Acknowledged before a notary public in lieu of two witnesses. Colo. Rev. Stat. §15-18-106(1)(a)-(b)
State-specific notes
6 more documents with Will.com Plus
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Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. Plus
Electronic will status
Colorado has adopted electronic will legislation (2021). You may be able to create, sign, and witness a will electronically using approved methods.
Digital assets access
Colorado has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
Colorado authorized RON in 2020. Colorado's Revised Uniform Law on Notarial Acts (Colo. Rev. Stat. §§24-21-501 to 24-21-526; remote provisions at §24-21-514.5) authorizes remote online notarization for most documents, but §24-21-514.5(2)(b)(II) (as amended by HB21-1004 SECTION 2) PROHIBITS a notary from using a remote notarization system to notarize a will, codicil, document purporting to be a will or codicil, or any acknowledgment required under §15-11-502 (witnesses) or §15-11-504 (self-proving affidavit) — EXCEPT as provided in the Colorado Uniform Electronic Wills Act (Part 13 of Article 11 of Title 15). In practical terms: for a paper will, the two witnesses must sign in physical presence under §15-11-502 AND the self-proving affidavit cannot be completed via RON. RON is available only for CUEWA-compliant electronic wills under §§15-11-1301 et seq., where the notary acknowledges the testator (and witnesses, if any) in physical or electronic presence and the notary is physically located in Colorado at the time of the notarial act. For non-will documents (trusts, financial POAs, HC directives), standard RON under §24-21-514.5 is available subject to the usual ten-year audio-video recording retention requirement.
Will
Allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
Colorado allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present.
Will
Allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Not allowed
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.