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"?

Related Topics:
1 Lawyer Answer
Kevin Michael Strait
Kevin Michael Strait
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.