LAST WILL AND TESTAMENT
OF [[TESTATOR FULL LEGAL NAME]]
I, [[Testator Full Legal Name]], of [[City, County, Colorado]], born [[Date of Birth]], being of legal age (at least 18 years old - C.R.S. § 15-11-501), of sound mind and memory, and not under duress or undue influence, hereby make, publish, and declare this to be my Last Will and Testament, and I hereby revoke all wills and codicils previously made by me.
Article 1 - Identification and Revocation
1.1 I am also known as [[Any Other Names Used]].
1.2 I am [[currently / not]] married. My spouse is [[Spouse Full Legal Name]] (if applicable).
1.3 I have [[number]] children: [[Names and dates of birth of all children, including any from prior relationships]].
1.4 I revoke all prior wills and codicils.
Article 2 - Executor
2.1 Primary Executor: I nominate and appoint [[Primary Executor Full Name]], of [[Executor Address, City, CO]], as personal representative (Executor) of this Will.
2.2 First Alternate Executor: If [[Primary Executor Full Name]] fails to qualify, resigns, or is unable or unwilling to serve, I appoint [[First Alternate Executor Full Name]], of [[Address]], as Executor.
2.3 Second Alternate Executor: If both preceding nominees cannot serve, I appoint [[Second Alternate Full Name]], or, if no individual is available, I direct the court to appoint a suitable individual or corporate fiduciary.
2.4 Executor's Powers: My Executor shall have all powers conferred by the Colorado Probate Code (C.R.S. Title 15, Article 12) and, in addition:
(a) Sale of Assets: To sell any real or personal property at public or private sale, with or without notice, at such time and price as my Executor deems advisable;
(b) Investment: To invest and reinvest estate assets in any investment deemed appropriate, without being limited to investments legal for fiduciaries under Colorado law;
(c) Real Property: To manage, lease, mortgage, or improve any real property in my estate;
(d) Business Interests: To carry on, wind up, or dispose of any business interest;
(e) Tax Matters: To make all elections under the Internal Revenue Code, Colorado income tax law, and any other applicable tax law; to file returns and pay taxes;
(f) Distribution: To make distributions in cash or in kind, at valuations determined by my Executor;
(g) Retain Assets: To retain any asset I own at my death, even if it would not otherwise be a proper fiduciary investment;
(h) Employ Professionals: To retain lawyers, accountants, appraisers, and other professionals and pay their fees from the estate;
(i) Settle Claims: To compromise or settle any claim in favor of or against my estate;
(j) No Bond Required: My Executor shall serve without bond, unless required by law.
2.5 Compensation: My Executor shall be entitled to reasonable compensation as permitted by Colorado law (C.R.S. § 15-12-719).
Article 3 - Guardian for Minor Children
3.1 Primary Guardian: If any of my children are minors at the time of my death and [[my spouse has also died / I am the surviving parent]], I nominate [[Guardian Full Name]], of [[Address]], as guardian of the person of my minor children.
3.2 Alternate Guardian: If [[Guardian Full Name]] is unable or unwilling to serve, I nominate [[Alternate Guardian Full Name]], of [[Address]].
3.3 Trustee for Minors: Any share to which a minor is entitled shall be held in trust by my Executor until the minor reaches age [[18 / 21 / 25]] (my Executor may distribute for health, education, maintenance, and support before that age in their discretion).
Article 4 - Funeral and Disposition of Remains
4.1 I direct that my remains be [[buried / cremated / donated to medical science / other]] at [[Location or "as my Executor determines"]].
4.2 My Executor shall pay funeral and disposition expenses as a priority debt of my estate.
4.3 My wishes for memorial or funeral services: [[Specific wishes or "I leave these arrangements to my Executor's discretion"]].
Article 5 - Payment of Debts and Taxes
5.1 I direct my Executor to pay all of my legally enforceable debts, administrative costs, and expenses of this estate as soon as practicable, including:
- Funeral and burial expenses;
- All federal and Colorado income taxes (including any capital gain on deemed dispositions);
- Federal estate taxes, if applicable (estate-tax threshold is $13,610,000 for 2024 - verify current threshold).
5.2 Colorado does not currently impose a separate state estate or inheritance tax (verify at the time of death). My Executor shall confirm this and take all available tax-saving elections.
Article 6 - Specific Bequests
6.1 I give the following specific gifts ("Specific Bequests"):
| Item / Amount | Recipient | Alternate (if Recipient Predeceases Me) |
|--------------|-----------|----------------------------------------|
| [[e.g., $10,000 cash]] | [[Name, Relationship]] | [[Alternate or "lapses to residue"]] |
| [[e.g., my 2020 Ford F-150]] | [[Name, Relationship]] | [[Alternate or "lapses to residue"]] |
| [[e.g., my collection of]] | [[Name, Relationship]] | [[Alternate or "lapses to residue"]] |
6.2 Ademption: If specifically bequeathed property is no longer in my estate at death, the bequest fails unless I have provided a substitute in writing.
6.3 Encumbered Property: A beneficiary who receives encumbered property (e.g., a mortgaged vehicle) takes it subject to the encumbrance unless I expressly direct otherwise.
Article 7 - Residuary Estate
7.1 I give the entire rest and residue of my estate (the "Residuary Estate"), after payment of all debts, taxes, and expenses, as follows:
Primary Residuary Beneficiaries:
| Beneficiary | Relationship | Share |
|-------------|-------------|-------|
| [[Beneficiary Name]] | [[e.g., Spouse]] | [[e.g., 100% or 50%]] |
| [[Beneficiary Name]] | [[e.g., Child(ren)]] | [[e.g., 50%]] |
7.2 Anti-Lapse / Alternate Disposition: If a primary residuary beneficiary does not survive me by 30 days, their share:
- [ ] Passes to their then-living lineal descendants, per stirpes; or
- [ ] Is divided equally among the surviving residuary beneficiaries; or
- [ ] Passes to [[Named Alternate Beneficiary]].
7.3 Ultimate Alternate: If no residuary beneficiary survives me, the Residuary Estate shall pass to [[Named Organization or Person, e.g., a named charity]].
7.4 Disclaimer: Any beneficiary may disclaim their interest as permitted by Colorado law (C.R.S. § 15-11-1201 et seq.).
Article 8 - Trusts for Minor and Young Adult Beneficiaries
8.1 If any beneficiary is under age [[18 / 21 / 25]] when they become entitled to a distribution, my Executor shall hold that share in trust (the "Minor's Trust") and:
(a) Distribute income and principal for the beneficiary's health, education, support, and maintenance;
(b) Accumulate and add unexpended income to principal;
(c) Distribute the entire trust fund when the beneficiary reaches age [[18 / 21 / 25]], or earlier if my Executor determines it is in the beneficiary's best interests.
8.2 If the beneficiary dies before the trust terminates, the remaining trust fund shall pass to the beneficiary's estate.
Article 9 - Spousal and Community Property Matters
9.1 Colorado is an equitable distribution state (not a community-property state). My Executor shall identify and properly characterize all property as my separate property or, where applicable, as jointly owned property.
9.2 If I am survived by a spouse, my spouse has rights to an elective share under the Colorado Probate Code (C.R.S. § 15-11-201 et seq.) - a percentage of the "augmented estate" based on the length of the marriage, up to a maximum of 50% after 15 years. My Executor shall advise my surviving spouse of these rights.
9.3 My surviving spouse's elective share, if claimed, shall be satisfied from the assets of my estate in the most tax-efficient manner possible.
Article 10 - Simultaneous Death / Survivorship
10.1 A beneficiary must survive me by 30 days to receive a share under this Will. If the order of death cannot be determined, I am deemed to have survived the other person.
10.2 Colorado Uniform Simultaneous Death Act (C.R.S. § 15-11-104): If two persons die within 120 hours of each other and the order of death cannot be established, the property shall be distributed as if each predeceased the other.
Article 11 - No-Contest Clause
11.1 If any person contests this Will or seeks to invalidate any provision, or intentionally interferes with its administration (other than a contest based on fraud, undue influence, or lack of capacity that succeeds), that person's share shall be reduced to the lesser of:
(a) The share they would receive had they not contested; or
(b) $[[Nominal Amount, e.g., $1.00]].
Colorado courts may limit the enforcement of no-contest clauses in some circumstances - consult an attorney.
Article 12 - Digital Assets
12.1 I grant my Executor the authority to access, manage, transfer, or terminate any digital assets and accounts (social media, email, cryptocurrency, cloud storage, domain names) under the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Colorado (C.R.S. § 15-1-1501 et seq.).
12.2 I have recorded access credentials in a separate secure document (not part of this Will) and authorize my Executor to use them for estate administration purposes only.
Article 13 - Governing Law
13.1 This Will is made in Colorado and shall be governed by, and construed under, the laws of the State of Colorado, including the Colorado Probate Code (C.R.S. Title 15).
13.2 Probate jurisdiction: District Court of [[County]] County, Colorado.
Holographic Will Option
Colorado recognizes holographic wills under C.R.S. § 15-11-502(2): a will is valid without witness signatures if it is entirely in the testator's own handwriting and signed by the testator. This template is NOT a holographic will; it requires two witnesses (see below). A holographic will should be entirely handwritten by the testator.
Execution and Attestation
(Colorado requires that a witnessed will be signed by the testator in the presence of at least two witnesses who are not beneficiaries under the will, or who are not individuals whose interest would be adversely affected by failure to revoke a prior will - C.R.S. § 15-11-502(1).)
IN WITNESS WHEREOF, I, [[Testator Full Legal Name]], sign, publish, and declare this instrument as my Last Will and Testament on [[Date of Signing]], at [[City, County, Colorado]], in the presence of both undersigned witnesses who, at my request and in my presence and in the presence of each other, sign below as witnesses.
TESTATOR:
_______________________________
[[Testator Full Legal Name]]
WITNESSES:
(Each witness must be at least 18 years old, must sign in the presence of the Testator and of each other. A witness who is also a beneficiary may cause their bequest to be reduced or voided - C.R.S. § 15-11-113.)
Witness 1:
I declare that the Testator signed this Will in my presence; that the Testator appeared to be of sound mind, of legal age, and not acting under duress or undue influence; and that I signed this Will as a witness in the Testator's presence and in the presence of the other witness named below.
Signature: _______________________________
Printed Name: [[Witness 1 Full Name]]
Address: [[Witness 1 Address]]
Date: __________
Witness 2:
I declare that the Testator signed this Will in my presence; that the Testator appeared to be of sound mind, of legal age, and not acting under duress or undue influence; and that I signed this Will as a witness in the Testator's presence and in the presence of the other witness named above.
Signature: _______________________________
Printed Name: [[Witness 2 Full Name]]
Address: [[Witness 2 Address]]
Date: __________
Self-Proving Affidavit
(C.R.S. § 15-11-504 - allows the will to be admitted to probate without requiring testimony from the witnesses)
STATE OF COLORADO
COUNTY OF [[County]]
Before me, the undersigned authority, personally appeared [[Testator Full Legal Name]] (Testator), [[Witness 1 Full Name]] and [[Witness 2 Full Name]] (Witnesses), known to me (or proved to me on the basis of satisfactory evidence) to be the Testator and Witnesses whose names are signed to the foregoing instrument, and, all being duly sworn, the Testator declared to me and to the Witnesses that the foregoing instrument is their Last Will and Testament and that they had willingly signed and executed it as their free and voluntary act for the purposes therein expressed; and each of the Witnesses stated that they signed the Will as witness in the presence and at the request of the Testator and in the presence of each other.
Testator: ______________________________ Date: _________
Witness 1: ______________________________ Date: _________
Witness 2: ______________________________ Date: _________
Subscribed, sworn, and acknowledged before me on [[Affidavit Date]].
_______________________________
Notary Public
State of Colorado
My Commission Expires: __________
[NOTARY SEAL]
> Template - not legal advice. Colorado wills are governed by the Colorado Probate Code, C.R.S. Title 15 (Articles 11 and 12). This template uses the witnessed-will format. Colorado also recognizes holographic wills (C.R.S. § 15-11-502(2)) and notarial wills. Consult a Colorado attorney for estate planning advice tailored to your circumstances, including tax planning, trust structures, and compliance with any recent legislative changes.
Primary Sources (as of 2026-06):
- Colorado Revised Statutes, Title 15 (Colorado Probate Code)
- C.R.S. § 15-11-501 (capacity - 18 years old)
- C.R.S. § 15-11-502 (execution - witnesses or holographic)
- C.R.S. § 15-11-504 (self-proving affidavit)
- C.R.S. § 15-11-113 (interested-witness rule)
- C.R.S. § 15-11-201 et seq. (elective share - equitable distribution)
- C.R.S. § 15-1-1501 et seq. (Revised Uniform Fiduciary Access to Digital Assets Act)
