Denver Wills Attorney

Denver Wills Lawyer

Planning for the future is essential to ensure your assets are distributed according to your wishes and your loved ones are protected. A well-crafted will provides clear instructions for your estate and helps prevent future legal disputes. Whether you have a straightforward estate or need more advanced planning, a Denver wills attorney can guide you through the process and ensure your will is legally sound.

It can be beneficial to have a conversation with a wills attorney if you are considering creating a will or altering one you already have. There are many specific laws regarding the validity of a will that are helpful to be aware of.

What a Will Entails

A will is a legal document that outlines how a person’s assets and estate should be distributed after their death. It allows an individual to name beneficiaries, designate guardians for minor children, and appoint an executor to carry out their wishes. In order to be considered valid, a will must be in writing and signed by the testator, who is the person creating the will, in the presence of two competent individuals.

In the state of Colorado, holographic wills, which are wills that are handwritten and signed by the testator without witnesses present, are legally recognized. Notarization is not required. Instead, a self-proving affidavit can help simplify the probate process.

Unfortunately, approximately two thirds of adults lack a legal will for their estate. Without a will, the state’s intestacy laws determine asset distribution, which may not align with the deceased’s wishes.

A properly drafted will ensures that assets are distributed according to the testator’s intentions and can help minimize or eradicate legal complications for surviving family members. Consulting an estate planning and wills attorney can ensure legal compliance and clarity.

Colorado State Laws

Colorado has several specific laws regarding wills that ensure validity and proper execution. Some of these laws include the requirements for a valid will, the recognition of holographic and electronic wills, the allowance of self-proving wills, and more.

The state requirements for a valid will include the following:

• Age and capacity. The testator must be at least 18 years of age and operating with a sound mind at the time they execute the will. Having a sound mind means that they understand the nature of their assets, the beneficiaries, and the overall effects of creating a will.
• Written document. The will must be in writing, whether typed or handwritten. Colorado does not recognize oral wills.
• Signature. The will must be signed by the testator. Alternatively, it may be signed by another person in the testator’s name at their direction and while in their conscious presence.
• Validation. In Colorado, a will may be made valid in one of two ways. The first is that it is signed by two competent witnesses, who observe the testator signing or acknowledging the will.  The second is that the testator may acknowledge the will before a public notary or other authorized individual.

Holographic will refer to wills that are entirely handwritten and signed by the testator without witnesses. In order for holographic wills to be considered valid, two qualifications must be met. These include:

• The material provisions outlined in the will and the testator’s signature must be in their own handwriting.
• The will must provide testamentary intent, which is the intention of distributing property after the testator’s death.

Electronic wills, or e-wills, are also recognized by the state of Colorado. The following represents qualifications for an e-will to be considered valid:

• It meets the same execution requirements as a paper will.
• It exists in a readable electronic format such as a PDF or digital file.
• It includes an electronic signature by the testator and witnesses or notary, as applicable.

Self-Proving Wills

Colorado allows for wills to be self-proving. This can sometimes make the probate process simpler. In the case of a self-proving will, it includes a notarized affidavit signed by a testator and witnesses at the time of execution, which affirms the will’s validity. This eliminates the need for witnesses to testify in court after the testator’s death in the case that no disputes arise.

Special Provisions

There are special provisions which are able to be made in wills under Colorado state law. One example is that Colorado permits the creation of trusts for the care of animals that are alive during the testator’s lifetime. This can include offspring in gestation. However, such trusts are terminated when no covered animals remain alive or after 21 years, whichever comes first.

Probate

Probate is the legal process through which a deceased person’s estate is settled and distributed to beneficiaries. The process begins when an executor or personal representative named in the will files a petition with the probate court. If there is no will, the court appoints a personal representative based on state intestacy laws.

In Colorado, there are three types of probate, including small estate procedures, informal probate, and formal probate. During probate, debts and taxes are paid before distributing assets to heirs. This process can take multiple months and sometimes even up to a year.

Small estate procedures apply if the estate is worth less than $80,000 and contains no real estate, allowing assets to be transferred without court supervision.

Informal probate is for uncontested wills and straightforward cases, requiring minimal court involvement. Formal probate, however, is necessary in the event that a case involves complex estates or disputes. These cases typically involve more oversight and potential hearings.

How a Wills Attorney Can Help

A wills attorney can provide invaluable assistance in creating a legally sound and comprehensive will that ensures your wishes are properly carried out. A Denver estate planning attorney can help you navigate complex legal requirements, minimize potential disputes, and structure your will to protect your assets and beneficiaries. They can also advise on important issues such as guardianship of your children and setting up trusts to manage inheritances.

Additionally, a wills attorney can help ensure that your will complies with Colorado law, reducing the risk of challenges during probate. If your estate is large or involves unique circumstances, a lawyer can help tailor your estate plan to fit your specific needs. Beyond drafting the will, they can also assist with updates over time, ensuring it reflects changes in your life and financial circumstances.

FAQs

What Is the Average Cost of a Will in Denver, Colorado?

The overall cost of a will and the related process will depend on the complexity of your circumstances.

What Type of Lawyer Is Ideal for Wills?

An estate planning attorney or a lawyer who has relevant experience is the ideal option to help with drafting wills and handling related matters. It can be helpful to consult an estate planning attorney if you have a large or complex estate, have minor children for whom you will need to appoint guardians, or if you wish to avoid probate issues that may arise. Your need for a lawyer may depend on the overall complexity of your estate.

Do You Need a Lawyer to Make a Will in Colorado?

You are not required by law to have a lawyer in order to make a will in Colorado. However, there are many ways in which a lawyer can help. The requirements for creating a will include being 18 years of age and in sound mind, and having two competent witnesses present at the time when you sign the will. It can also be beneficial to have the document notarized, but this step is not required by state law.

What Are the Steps in Drawing Up a Will?

Creating a will involves several key steps to ensure your assets are distributed properly and according to your wishes. Generally, the process follows a basic flow that includes multiple steps. You will first take inventory of all of your assets and debts, including valuable possessions and bank accounts. Next you will decide who the beneficiaries are as well as who will act as executor. You will then write out the will and sign it in the presence of witnesses.

Burr Law, Denver Wills Attorney

Planning your estate is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. Whether you have a simple will or a more complex estate that requires trust and tax planning, having a properly drafted document can provide peace of mind and prevent future legal complications for your loved ones.

Do not wait until it is too late. Contact Burr Law, an experienced estate planning and wills attorney, today to create or update your will and get a free consultation. We understand the complexities of estate planning law and will be there to guide you and your family every step of the way. Taking action now will help secure your legacy and give you confidence that your affairs are in order.