If you are asking can I write my own will and have it notarized, you are not alone. Many people in Colorado want to handle their estate planning on their own to save time and money. The short answer is yes, you can write your own will in Colorado, and you can have it notarized. But there are important legal requirements to follow, and one wrong step can leave your loved ones with a mess to sort out. At Baker Law Group, PLLC, we help clients across Colorado understand what the law actually requires, so their wishes are respected when it matters most.
This page walks you through what Colorado law says about writing your own will, whether notarization is required, and when it makes sense to bring in a lawyer.
Can I Write My Own Will and Have It Notarized?
Yes, Colorado law allows you to write your own will. A will you write yourself is often called a “holographic will” or a “self-prepared will,” and it can be legally valid if it meets the state’s requirements. You can also have it notarized, though notarization alone is not what makes a will valid in Colorado.
Under the Colorado Probate Code, C.R.S. § 15-11-502, a valid will generally must be in writing, signed by the person making it (called the testator), and either signed by two competent witnesses or acknowledged before a notary public. So when people ask can I write my own will and have it notarized, the answer is yes, but the notarization must be combined with the proper signing process to hold up in probate court.
Colorado also recognizes holographic wills, which are wills that do not require witnesses. For a holographic will to be valid, the signature and the material portions of the document must be in the testator’s own handwriting. This requirement ensures the document genuinely reflects the testator’s intent.
Does a Will Have to Be Notarized in Colorado?
This is one of the most common questions people ask, and the answer surprises many. Does a will have to be notarized in Colorado? No, notarization is not technically required for a will to be valid.
What Colorado law actually requires is one of the following:
- The will is signed by the testator and witnessed by two competent individuals who also sign the document
- The will is signed by the testator and acknowledged before a notary public
- The will is entirely in the testator’s handwriting and signed (a holographic will)
While notarization is not required, it is strongly recommended because it allows the will to be “self-proving” under C.R.S. § 15-11-504. A self-proving will includes a notarized affidavit from the testator and witnesses, which means the probate court can accept the will without needing the witnesses to testify later. This saves time, money, and stress for your family after you are gone.
So does a will have to be notarized? No. But should it be? In most cases, yes.
What Makes a Will Valid in Colorado
A will that is not executed properly can be thrown out in probate, which means your estate may be distributed according to Colorado’s intestacy laws instead of your actual wishes. To be valid in Colorado, a will must meet these basic requirements:
- The testator must be at least 18 years old
- The testator must be of sound mind, meaning they understand what they own and who their beneficiaries are
- The will must be in writing
- The will must be signed by the testator, or by someone else at the testator’s direction and in their presence
- The will must be witnessed by two competent individuals or acknowledged before a notary
If any of these elements are missing or questionable, your will could be contested. Courts in Denver, Colorado Springs, Fort Collins, and across the state see these disputes regularly, and they often come down to small technicalities that could have been avoided with proper planning. For residents in Northern Colorado, working with a Fort Collins will lawyer early in the process can help make sure your will meets every requirement the first time.
Do I Need a Lawyer to Make a Will in Colorado?
Another common question is do I need a lawyer to make a will. Legally, no. Colorado does not require you to hire an attorney to draft a will. You can use online templates, software, or simply write one by hand. But just because you can do something yourself does not mean you should.
You should strongly consider working with a lawyer if any of these apply to you:
- You own real estate, a business, or significant investment accounts
- You have minor children and need to name a guardian
- You have been married more than once or have stepchildren
- You want to set up trusts or protect assets from creditors
- You have family members who may challenge the will
The cost of hiring an attorney is almost always less than the cost of a contested probate case. For residents in the Denver metro area who want to make sure their estate plan is done right the first time, working with a Denver will attorney gives you peace of mind that your documents will hold up in court.
Common Mistakes People Make with DIY Wills
When people write their own wills without legal guidance, the same problems tend to come up again and again. These mistakes can invalidate the will or lead to costly disputes:
- Using vague or ambiguous language about who gets what
- Failing to sign the will in the presence of witnesses or a notary
- Forgetting to name an executor or naming someone who cannot serve
- Overlooking assets that pass outside of a will, like retirement accounts or life insurance
- Writing provisions that conflict with Colorado law
For families in Southern Colorado looking to avoid these pitfalls, speaking with a will attorney in Colorado Springs early in the process can save significant time and expense down the road.
Speak to Our Colorado Will Attorney Today
Writing your own will is legal in Colorado, but it is not always wise. One small mistake can undo years of careful planning and leave your family with legal battles instead of an inheritance. Baker Law Group, PLLC helps clients across Colorado put together estate plans that actually work, from the Denver metro area to Colorado Springs, Fort Collins, and every community in between. We take the time to understand your situation, explain your options clearly, and make sure your wishes are documented the right way.
We do not make promises, but we do bring strategy, experience, and real commitment to every client we represent. You deserve an attorney who takes your estate planning as seriously as you do.
Contact Baker Law Group, PLLC today to schedule a consultation with a Colorado will attorney. The sooner we can review your situation, the more protection you can build into your plan, so do not wait.
