Wills and estate planning in Colorado

Researched 2026-10-20 · confidence: high · 2026 figures

In plain words: in Colorado a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2
Handwritten (holographic) will	Recognised
Self-proving affidavit	Available
Electronic wills	Allowed
Power of attorney	Notary · Uniform Power of Attorney Act
Health care directive	2 witnesses or a notary
State estate tax	No
State inheritance tax	No
Community property	No
Age of majority / UTMA age	18 / 21

Signing a will

Statute: C.R.S. § 15-11-502.

Signing by an interested witness does not invalidate the will or any provision (C.R.S. § 15-11-505(2)).

A will is valid with EITHER two witnesses OR the testator's acknowledgment before a notary (§ 15-11-502(1)(c)). Holographic wills are valid (§ 15-11-502(2)). The Uniform Electronic Wills Act is at C.R.S. § 15-11-1301 et seq., with remote witnessing or a Colorado notary (§ 15-11-1305). Use two witnesses plus the self-proving affidavit for the smoothest probate. Statutory dollar amounts are COLA-adjusted (§ 15-10-112).

Power of attorney

Statute: C.R.S. § 15-14-701 et seq. (Uniform Power of Attorney Act).

§ 15-14-705: signature required; a notary acknowledgment gives the presumption of genuineness and is needed in practice. Statutory form at § 15-14-741. Hot powers need an express grant (§ 15-14-721).

Health care directive

Called: Medical Durable Power of Attorney and Declaration as to Medical or Surgical Treatment (Living Will).

Statute: C.R.S. § 15-14-503 et seq. (Medical Durable Power of Attorney); C.R.S. § 15-18-101 et seq. (Colorado Medical Treatment Decision Act - living will).

For the living will, neither the witnesses nor the notary may be a physician, an employee of the attending physician or the patient's facility, a person with a claim against the estate, or a beneficiary or heir (C.R.S. §§ 15-18-105, 15-18-106(2)).

The two-witnesses-or-notary rule (§ 15-18-106) applies to the LIVING WILL declaration. § 15-14-506 sets no witness or notary requirement for the Medical Durable POA itself, but notarizing it is customary. The CPR directive and MOST form are separate. No state-published form was found.

If there's no will: what a spouse gets

The entire intestate estate, if all of the decedent's descendants are also the spouse's and the spouse has no other descendants (C.R.S. § 15-11-102(1)(b)).

A spouse's right to a share

Up to 50% of the marital-property portion of the augmented estate, which grows with years of marriage, plus a $50,000 COLA-adjusted supplemental amount (C.R.S. §§ 15-11-202, 15-11-203).

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

Light (UPC informal probate). After 10 days, a small-estate affidavit (C.R.S. § 15-12-1201) is available up to twice the COLA-adjusted exempt-property amount. Secondary sources put that at $88,000 for 2026 deaths; not confirmed against the official COLA table. It cannot transfer real estate.

Money God drafts a Colorado will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

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Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.