The Impact Of Handwritten (Holographic) Wills In Colorado

In this article, you can discover…

• If handwritten (holographic) wills are legally valid in Colorado.
• The legal risks of relying on handwritten wills.
• Common mistakes people make when writing their own wills.

What Makes A Handwritten (Holographic) Will Legally Valid In Colorado Probate Court?

Colorado does recognize handwritten, or “holographic” wills, but they must meet specific requirements to be valid. Generally, the will must be in writing, signed by the person creating it, and witnessed by two individuals who also sign the document.

The other way to prove validity is if the entire document is in the decedent’s handwriting and you can prove it is indeed their handwriting. If that is the case, the will can still be accepted without witnesses.

While holographic wills are legally recognized, they can be more vulnerable to challenges in court, so proper execution is imperative.

What Are The Legal Risks Of Relying On A Handwritten Will In Colorado?

While Colorado recognizes handwritten (holographic) wills, a major risk is that these wills are more commonly challenged because they often bypass the formal execution process.

Another concern is that handwritten wills frequently lack comprehensive instructions. For example, the will might leave a longtime home to a specific heir but fail to address other assets, estate expenses, or necessary cash flow to maintain the property during probate.

Without these provisions, the estate could face problems such as unpaid taxes, mortgage defaults, or other liabilities, all of which can jeopardize the intended inheritance.

Attorney Tammy W. Akers has spent decades educating and helping clients just like you understand the benefits of wills and how to properly construct a sound, legal document. With her attention to detail and thorough approach, she will ensure your estate plan reflects your true wishes and minimizes potential conflicts.

Still have questions? Ready to get started? Contact The Law Firm of Tammy W. Akers, LLC, today to schedule an initial consultation.

Are Holographic Wills More Likely To Be Contested Than Formal Wills In Colorado?

Yes, holographic wills are much more likely to be contested than formal wills.

Formal wills are generally notarized and witnessed by individuals who have no interest in the estate, which gives these wills a stronger presumption of validity in court and a lower burden of proof.

In contrast, holographic wills often require additional evidence to be accepted, such as witness testimony or handwriting verification from someone familiar with the decedent’s writing.

What Are The Most Common Mistakes People Make When Writing Their Own Wills In Colorado?

One of the biggest mistakes that people make when writing their own wills is failing to create a complete and comprehensive document that addresses all their property and necessary expenses.

For example, if you leave a house to someone but don’t set aside funds in your estate to cover property taxes, mortgage payments, or other costs, the property may have to be sold to pay those expenses.

These situations can easily be avoided by including provisions such as life insurance proceeds or a dedicated amount to cover such expenses during the estate’s administration.

Do You Think Handwritten Wills Still Have A Place In Modern Estate Planning? Why Or Why Not?

I think there is definitely a place for them.

A clear example is the COVID-19 pandemic, where many people turned to handwritten wills because they either couldn’t meet with an attorney in person or preferred to avoid contact.

The urgency and uncertainty of that time prompted many to put a will in place quickly, even if it wasn’t prepared through formal channels.

So while they still serve a purpose in certain situations, it is always best to view them as a temporary or emergency measure, rather than a long-term solution. For your best and safest results, you should always contact an estate planning attorney.

Still Have Questions? Ready To Get Started?

For more information on handwritten will validity in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.