Boulder, CO asked in Estate Planning and Probate for Colorado

Q: In Colorado, a Will can be notarized without being signed by witnesses. Is such a will considered "self-proving"?

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1 Lawyer Answer
Kevin Michael Strait
Kevin Michael Strait
  • Estate Planning Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: In Colorado, a self-proving will must conform to Colorado Rev. Statute § 15-11-504 and does require two witnesses. Any will, notarized or not, that did not have witnesses is not self-proving. While it is possible to form the self-proving feature after a will is otherwise formed, it is most common to do this all at once when the will is first signed. Take your will back to an attorney and ask for a self-proving affidavit. The Colorado attorney can serve as one of the witnesses and can suggest someone else to be the second witness. A notary can then observe the formation of the self-proving affidavit and notarize the affidavit. From there, keep the affidavit and your will in the same place and you now have a self-proving will.

Kyle Grabulis agrees with this answer

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