7 Things You Should Know Before Writing a Will in Colorado

1. A Will Doesn’t Avoid Probate—But It Can Make It Easier

One of the biggest misconceptions about wills is that they help families skip probate. In Colorado, even with a valid will, most estates must go through the probate process. However, having a properly drafted will can dramatically reduce stress and delays by clearly outlining your wishes and naming a personal representative to handle everything.

Probate doesn’t have to be scary or expensive in Colorado, especially for simple estates. But dying without a will—called dying "intestate"—means the state decides who inherits your assets. If you want your belongings to go to specific people, having a will is a must.

2. Colorado Has Specific Requirements for a Valid Will

You can’t just scribble your wishes on a napkin and call it a day. Colorado law requires that your will meet several legal standards in order to be valid:

• You must be at least 18 years old and of sound mind.
• The will must be in writing (typed or handwritten).
• It must be signed by you or by someone else at your direction.
• Two witnesses must sign the will, preferably people who don’t inherit under it.

Colorado does allow handwritten (holographic) wills, but they often create confusion and lead to disputes. To ensure your will holds up in court, it’s best to work with an estate planning attorney who understands Colorado’s laws in detail.

3. Naming an Executor Is More Important Than You Think

In Colorado, this role is known as a “personal representative.” This person will be responsible for handling your estate—paying off debts, managing bank accounts, selling property, and distributing assets to heirs. It’s not a ceremonial role—it’s a serious responsibility.

You should choose someone who is not only trustworthy but also organized and emotionally capable of handling the work involved. It’s also wise to name a backup personal representative in case your first choice is unable or unwilling to serve. If no one is named, the court will appoint someone—and it may not be who you would have chosen.

4. A Will Doesn’t Cover Everything

Your will can control how many of your assets are distributed, but it doesn’t cover everything. Assets that pass directly to a named beneficiary—like life insurance policies, retirement accounts, and jointly owned property—are not controlled by your will.

That’s why it’s crucial to make sure your beneficiary designations are up to date. If you forget to remove an ex-spouse or fail to list a beneficiary at all, your assets may end up in the wrong hands or tied up in court. Your estate plan should coordinate all documents—not just your will—to ensure your wishes are carried out properly.

5. You Can—and Should—Update Your Will Regularly

A will isn’t something you write once and forget about. Life changes—marriages, divorces, births, deaths, and financial shifts—all affect your estate plan. A will that made sense five years ago might no longer reflect your current life or intentions.

In Colorado, it’s a good rule of thumb to review your will every 3–5 years or after any major life event. Failing to update your will can lead to unintended outcomes and cause disputes among surviving family members. An outdated will is almost as risky as having no will at all.

6. Choosing a Guardian for Your Children Is a Crucial Step

If you have minor children, your will is the legal document where you can name a guardian to care for them if something happens to you and the other parent. If you don’t name someone, the court will choose a guardian based on what it believes is in the child’s best interest.

This decision should never be left to chance. Choosing a guardian involves more than selecting someone you love—you need to think about their values, lifestyle, ability to provide stability, and willingness to take on the role. You should also talk to the person beforehand to ensure they’re on board.

7. DIY Wills Might Cost You More in the Long Run

It’s tempting to use an online template or app to write your will. These tools may seem convenient and cheap, but they often create more problems than they solve—especially in states like Colorado that have their own specific legal requirements.

Generic documents may not include the language necessary to account for unique assets, family dynamics, or Colorado-specific rules. Small errors in wording, missing signatures, or unclear instructions can invalidate your will or lead to costly disputes. In some cases, probate litigation costs far more than simply having hired a professional from the start.

An experienced estate planning attorney can help you draft a will that reflects your unique situation and complies with state laws—giving you peace of mind that your wishes will be honored.

If you're ready to take control of your future and protect the people who matter most, contact us today. At Evans Case, we’ve been helping Colorado families with estate planning for over 35 years. Let’s make sure your legacy is handled the right way.