No. Under C.R.S. Section 15-11-502, a will is valid if it is signed by the testator and either signed by two witnesses within a reasonable time after witnessing the signing, or acknowledged by the testator before a notary public. Colorado only requires one of these two paths, not both, which differs from the stricter dual requirement some other states impose.

This flexibility can matter in practical situations, such as when a notary is available but finding two independent witnesses proves difficult, or the reverse. Either path, followed correctly, produces a will that Colorado courts will recognize as validly executed.

A Loveland will lawyer still generally recommends satisfying both paths when possible, since a will that is witnessed and includes a self-proving affidavit notarized at signing tends to move through probate more smoothly than one relying on just one method.

What Is a Self-Proving Affidavit and Why Does It Matter?

A self-proving affidavit is a separate notarized statement, signed alongside the will, in which the witnesses swear to the circumstances of the signing. This affidavit allows a will to be admitted to probate without requiring the witnesses to testify or otherwise be located after the testator’s death, which can be a real problem years later if a witness has moved, become unavailable, or passed away.

Without a self-proving affidavit, a court may require additional proof that the will was properly executed, adding time and complexity to an otherwise straightforward probate case. Tracking down a witness who signed a will decades earlier is sometimes simply impossible, which is exactly the scenario a self-proving affidavit is designed to prevent.

Does Colorado Recognize Handwritten Wills Without Witnesses?

Yes. Under C.R.S. Section 15-11-502, a will that does not satisfy the standard witnessing or notarization requirements is still valid as a holographic will if the signature and the material portions of the document are in the testator’s own handwriting. No witnesses are required at all for a holographic will to be valid.

This exception exists to honor a person’s clear testamentary intent even when formal execution requirements were not followed, though holographic wills are still more vulnerable to challenge since there is no independent witness confirming the circumstances of signing.

What Problems Come Up With Homemade Wills?

Handwritten or online template wills sometimes create ambiguity that a professionally drafted will avoids. Common issues include unclear language about which assets go to which beneficiaries, missing provisions for what happens if a beneficiary predeceases the testator, and failure to name an alternate personal representative if the first choice cannot serve.

These gaps do not necessarily invalidate a will, but they can require a court to interpret unclear language, which adds delay and expense that clear drafting would have avoided.

What Documents Should You Gather Before Meeting With an Attorney?

Preparing for a will drafting appointment goes more smoothly with some information gathered in advance. Useful items typically include:

A list of significant assets, including real estate, accounts, and major personal property
Names and phone numbers for a proposed personal representative and any guardians
A clear sense of how you want assets distributed among beneficiaries
Information about any prior wills or estate planning documents
Any specific family circumstances that could affect the plan, such as blended families

How Does W.B. Moore Law Help With Will Drafting?

Drafting a will that satisfies Colorado’s execution requirements while also avoiding ambiguity takes careful attention to detail. W.B. Moore Law prepares wills with both witnessing and notarization built in, along with a self-proving affidavit, to minimize complications during probate.

What Should Your Next Step Be?

Understanding Colorado’s flexible execution requirements can help you avoid unnecessary complications down the road, long after you are no longer around to clarify your own intentions. If you are drafting or updating a will in the Loveland area, a Loveland will lawyer can help you create a document that holds up when it matters most.