Highlight In Legal Colorado Pour Over Will Forms For Free

What does Colorado require? Anyone over the age of 18 and of sound mind can draft a will. Writing out the document in one's own handwriting can be part of the process of ensuring its authenticity. With such handwritten documents comes the obligation to have witnesses present when someone signs.

In order for a will to be considered valid in the state of Colorado, the testator must be at least 18 years old, have it signed by at least two witnesses (either before or after the testator's death), and have it either typed or handwritten. The state does not recognize oral (or "noncupative") wills.

The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.

A will may be deemed invalid if it is the product of undue influence. In Colorado, this occurs when another person's actions take away the free will of the testator, such as in cases of coercion or duress.

§ 15-11-502. Additionally, Colorado allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

How Does a Pour Over Will Work? A pour over will functions after an individual has already created a trust and funded the trust?meaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.