Writing a Legal Will in Colorado

A will is an important estate planning document that everyone, regardless of their financial situation, should consider. Many people make the mistake of postponing their will; This is a big mistake because we are never guaranteed tomorrow. Whether a person is 18 or 80, the ideal time to make a will is now. Johnson Law Group provides legal advice to ensure your rights are protected. Those who would like more information on how to make a will in Colorado can contact our experienced legal team today at (720) 463-4333 or by texting (720) 730-4558. Yes, you can name an executor in your online will in Colorado. The executor is the person appointed to manage the estate and ensure that the will is respected after the testator`s death. You want to choose someone you know and trust to be the performer. If you don`t appoint an executor, the probate court will appoint someone. Instead, leave these instructions in a living will – you should give your living will to the executor of your estate or another trusted person. You can create both a living will and a will online, and you can find a Colorado living will template here.

In any case, you should have your will notarized. Under Colorado law, a will that meets certain requirements — including proper notarization — is “self-proven.” Colorado Revised Statutes § 15-11-504. A self-proved will can be admitted to probate court without the testimony of the witnesses to the will. (If a will that is not self-proved is submitted to probate court, the court will require witness testimony or other evidence to determine that the will is what it claims to be.) A will is one of the most important legal documents a person can create in their lifetime. When a person dies without a will, they are said to have died “intestate intestate,” and state laws determine how and to whom the person`s assets are distributed. Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process for distributing a deceased person`s estate. Once the validity of the will has been proven in probate court, the executor can pay all debts and taxes of the estate and then distribute the testator`s property in accordance with the will. The legal description of the residential property covered by this deed is set out in Appendix A. For medical directives and end-of-life care, you want to create a living will. If Healthcare Friend can`t or won`t act as an agent, I`ll call it Backup Friend instead.

Colorado law treats the Old Testament in two ways. First, if you have an old will, you can cancel it by creating a new one. A will usually contains a statement that it revokes (annuls) all previous wills. Second, a will can be annulled simply by physically destroying it. Colorado Revised Statutes § 15-11-507. Not to be confused with a will, a living will contains instructions in case you become unable to work and are unable to make decisions about your medical care. Consequently, such a document, if necessary, would take effect during his lifetime, whereas a will would not. Colorado law specifically allows living wills, also known as medical living wills.

A Colorado will is a legal document that allows a testator (the person who owns the will) to communicate their wishes regarding the distribution of personal, trustary, or real estate property after their death. This document ensures that any property left is properly distributed among family, friends, life partners, charities or any other person designated by the testator as a beneficiary in accordance with the testator`s instructions. Under Colorado law, a testamentary document must be signed by the testator before two (2) or more qualified witnesses or before a notary. Definition – § 15-10-201(59) – The term “will” includes any codicil and testamentary instrument that merely appoints an executor, revokes or revises another will, appoints a guardian or expressly excludes or restricts the right of a person or class to appropriate the testator`s property by legal succession. In Colorado, it is not technically necessary for witnesses to sign a handwritten will known as a holograph will, as the purpose of admitting handwritten wills is that they can be prepared in an emergency, such as when the creator of the will is ill in the hospital. However, it is a good practice to have the will testify, as it avoids disputes about the validity of the will after death.