Yes. A handwritten will can be fully legal in Colorado, and you do not need witnesses to make it stand up. Colorado is one of the states that recognizes what the law calls a holographic will, a will written and signed in your own hand. The rules are short, but the details matter, and a small mistake can send your estate to a probate judge instead of to the people you named.
This guide walks through the exact statute, the requirements that make a handwritten will valid in Colorado, how it differs from a witnessed will, and the errors that quietly void one.
The essentials
- Statute: C.R.S. Sec. 15-11-502(2)
- Valid if: your signature and the material portions are in your own handwriting
- Witnesses: not required for a holographic will
- Notary: not required either
- Who can make one: an adult (18 or older) of sound mind
- Cannot fully disinherit: a surviving spouse (elective share applies)
What Colorado law actually says
The controlling statute is Section 15-11-502(2) of the Colorado Revised Statutes. It reads: "A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting."1 The phrase "whether or not witnessed" is the key. A holographic will is valid with or without witness signatures, as long as the handwriting requirement is met.1
Colorado follows the Uniform Probate Code, which is why the standard is the modern "material portions" test rather than the older rule that a will had to be entirely in the maker's hand. Because only the material portions must be handwritten, a holograph can still be valid even if immaterial parts such as a printed date or introductory boilerplate are typed or preprinted. A holograph can even be written on a preprinted will form, provided the substantive gifts are filled in by hand.2
The requirements that make it stand up
To hold up in a Denver, Colorado Springs, Boulder, or Aurora probate court, a Colorado holographic will needs all of the following.
1. The material portions in your handwriting
The substance of the will, meaning who gets what and who is in charge, must be in your own handwriting. This is what proves the document is genuinely yours. Typed provisions do not count toward the material portions, though extrinsic evidence, including non-handwritten parts of the page, may be used to show you intended the document to be your will.2
2. Your signature
You must sign the document. The signature is a required element under Section 15-11-502(2), and Colorado courts read it as evidence that the will is final rather than a draft.3 Sign at the end so there is no doubt the whole document was meant to be included.
3. Testamentary intent and capacity
The writing has to show you intended it to serve as your will, and you must be at least 18 and of sound mind when you make it.5 Clear language such as "This is my last will and testament" removes any argument that the page was just notes.
What about a date?
A date is not one of the two elements the statute requires. But dating your will is still smart. If you leave more than one will, or an old typed will exists alongside a new handwritten one, a clear date tells the court which document is the most recent expression of your wishes. Treat the date as strongly recommended, not optional in practice.
Holographic versus witnessed wills in Colorado
Colorado recognizes two paths to a valid will. Understanding the difference helps you choose.
| Holographic will | Witnessed or notarized will | |
|---|---|---|
| Statute | 15-11-502(2) | 15-11-502(1) |
| Handwriting | Signature + material portions by hand | Can be fully typed |
| Witnesses | None required | Two witnesses, or notarization |
| Proof it is yours | Your handwriting | Witness or notary attestation |
A witnessed will under subsection (1) can be typed but needs two witnesses (or a notary). A holographic will skips the witnesses but must carry your handwriting as the proof of authenticity.1 For a step by step walkthrough, see our guide on how to write a will in Colorado.
Mistakes that void a Colorado handwritten will
Common errors that cause a will to fail
- Typing the gifts. If the material portions are typed and only your signature is handwritten, it is not a valid holograph.2
- Forgetting to sign. No signature, no valid will.
- Trying to cut out your spouse entirely. Colorado gives a surviving spouse an elective share.
- Vague language. "My things go to my family" invites a court fight over who and what.
- Losing the original. A missing original is much harder to probate.
The spouse point deserves emphasis. Colorado has no forced heirship for children, so you can generally leave your children out. But a surviving spouse has a right of election under Section 15-11-201 and following, letting the spouse claim a share of the augmented estate. That share grows with the length of the marriage, reaching the full marital-property portion at ten years.4 In plain terms, a handwritten will cannot completely disinherit a husband or wife.6
What happens with no valid will
If your handwritten will fails, Colorado's intestacy rules take over under Section 15-11-102. A surviving spouse inherits everything only when all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. In blended families, the estate is split between the spouse and others.7 That formula rarely matches what people actually want, which is exactly why a clear, valid will matters.
Storing your will
A holographic will only helps if it can be found. Keep the signed original somewhere safe and tell your personal representative where it is. Colorado also lets you deposit your will with the district court for safekeeping during your lifetime under Section 15-11-515, which guards against loss or tampering.3
Ready to put it in writing? Our Colorado will template guide shows the structure, and you can create a Colorado-specific document with our online will builder to make sure nothing essential is missing.
Sources
- 1C.R.S. 15-11-502 Execution (statute text) (colorado.public.law)
- 2Colorado Revised Statutes Section 15-11-502, holographic wills (law.justia.com)
- 3Colorado Title 15 Sec. 15-11-502 (codes.findlaw.com)
- 4C.R.S. 15-11-202 Elective-share of surviving spouse (law.justia.com)
- 5Holographic (handwritten) wills under Colorado law (peakstonelaw.com)
- 6Understanding Colorado's elective share (chapmanlawpllc.com)
- 7C.R.S. 15-11-102 Share of spouse (intestacy) (law.justia.com)
About the author
Max Kuch
Max Kuch writes about estate planning, wills and inheritance for Online Will Colorado. He gathers the rules from the Colorado statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.