Handwritten Wills in Colorado

Colorado law requires that a person who finds a will must lodge the will with the probate court in the county in which the testator resided at death within 10 days after the testator’s death or, if found after those 10 days, as soon as the person has found the will. See C.R.S. § 15-11-516. After someone passes away, loved ones often begin cleaning out their homes, and it is not uncommon to find a handwritten document that seems to be a will. Because having a valid will determines whether it must be lodged with the court and changes the course of the probate process, it is very important to be able to determine whether a handwritten document of this kind is considered a valid will (called a “holographic will”) or not.

A valid will must be (1) written, (2) signed by the “testator” (the subject of the will), and (3) either notarized or signed by two witnesses. However, a handwritten document that appears to serve as a will may also be considered a valid holographic will in Colorado so long as it meets certain requirements under C.R.S. § 15-11-502(2).

A valid holographic will, whether or not witnessed, requires that the signature and material portions of the document are in the testator’s handwriting. The law makes a small exception for testators who were physically unable to write so the will may contain portions that are not in the testator’s own writing; however, generally, the document must be substantially written by the testator. These requirements apply to an amendment or revision (a “codicil”) to an existing will as well.

Whether the testator intended to create a will is the first priority, so courts take caution when determining if a holographic will is valid or not and may heavily interrogate the validity of a purported holographic will in order to make sure no one has falsified it for personal gain. Intent that the document constitutes the testator’s will can be established by use of extrinsic evidence, including portions of the document that are not in the testator’s handwriting. But even with use of extrinsic evidence, folks who have handwritten their wills without help from an attorney may use unclear language, which can make it hard to know what to do with their estate.

If you have found a handwritten document that appears to lay out the wishes of a deceased love one, don’t hesitate to reach out to an experienced probate attorney for help determining whether it may constitute a valid holographic will. Holographic wills carry potential to provoke disputes between family members over the estate, particularly when family members have differing understandings of the testator’s intent, and they can change the entire scope of the probate process. Thus, it’s important to know all relevant factors to consider before taking action.