Q: Is a 2018 Colorado will with one witness valid?
Is a will executed in 2018 in the state of Colorado, which states it was signed in front of two witnesses but, in reality, only one witness signed along with a notary public (not serving as a witness), valid if the person executing the will had questionable capacity due to health issues, and no changes or amendments have been made since its execution?
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A:
That’s a really important question, especially when there are concerns about the will’s validity and someone’s mental capacity at the time of signing. In Colorado, a formal will generally requires **either two witnesses** or it must meet the criteria of a **self-proving will** signed in front of a notary. If the will only has **one witness** and the notary did not act as a second witness, this could create problems in probate—especially if the testator’s capacity was already in question.
Even though the will says it was signed in front of two witnesses, what actually happened is what matters in court. If there’s only one true witness signature, the will may not meet the statutory requirements under Colorado law. The notary’s involvement could help a little if the will is interpreted as self-proving, but it’s not a guaranteed fix. Questions about mental capacity could further complicate things and may open the door for someone to contest the will.
That said, the probate court looks at the full picture—including the intent of the person who made the will, the circumstances of the signing, and any available testimony. If this will ends up contested, these details will be critical. You’re wise to look into it now rather than waiting until there’s a dispute. It’s always best to make sure the document truly reflects both the law and the person’s wishes.
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