Will Writing Service in Colorado

Are you a resident of Colorado and thinking about making a will? Below is an overview of what a will can do for you, which Colorado laws apply when making a will, and what the process looks like.

How Much Does It Cost to Write a Will in Colorado

The cost of writing a will in Colorado depends on the means you opt for. Below is a summary of the expenses linked to various means of will writing:

1. DIY Will Kits

The most affordable method is to use a do-it-yourself kit. These kits cost between $20 and $100. They provide templates and simple directions that may only cover some legal obligations and intricate estate planning necessities.

2. Hiring an Attorney 

Hiring an attorney is the most expensive but also the most rigorous. Depending on the intricacy of the will, the cost of hiring an attorney ranges between $300 and $1200.

3. Online Will Writing Services 

Online platforms provide more exhaustive services than DIY- Will Kits. The price of the services varies between $100 to $300. At LegalPen, we offer online Will Writing Services at an average of $ 250.

4. Legal Aid Services

For individuals with limited financial resources, legal aid institutions may provide the services without pay or at a low price.

Can I write a will without a lawyer in Colorado?

Yes, you can write a will without a lawyer in Colorado. Colorado laws permit individuals to write their own will without legal counsel. To create a valid, you must satisfy the legal conditions below:

1.     The testator must be 18 years old and above and of sound mind.
2.     The will must be in a written format.
3.     The will must be signed by at least two sound-mind witnesses who are present simultaneously to see the testator sign it.
4.     The will must be signed by the testator or their representative in the testator’s presence. 

Is it legal to write your own will in Colorado?

Yes, it is legal to write your own will in Colorado. You, however, must ensure that the will complies with the requirements needed to create a valid will.

Does a Will in Colorado need to be Notarized?

No, a will in Colorado does not need to be notarized to be legitimate legally. Nonetheless, notarizing your will makes it self-proving, streamlining the probate process as the court will accept the will without speaking to the witnesses who signed it.

For the will to be considered self-proving, the testator and the witnesses must sign an affidavit attesting to its authenticity and the circumstances in front of a notary public. They then seal the will with this affidavit before presenting it to the court.

Do I need a lawyer to make a will in Colorado?

No, you do not need a lawyer to make a Will in Colorado. You can make a will individually, provided that you ensure that the will meets all the Colorado laws for making a will. However, consulting with a lawyer when writing a will that involves a complex estate is advisable. Legalpen offers professional services to help you easily draft a legally sound will.

Do I need a Lawyer to file a Will in Colorado?

No, you do not need a lawyer to file a last will in Colorado. Colorado Law requires the testator named in the Will to file the Will in the Probate Court in the County of residence of the testator.

Are Online Wills Legal in Colorado?

Yes, online wills are legal in Colorado. Under the Colorado Uniform Electronic Wills Act ( CUEWA), electronic wills or e-wills are acknowledged as legally valid provided they meet the legal requirements below:

1.     The testator must be 18 years old and mentally competent.
2.     The will needs to be in a readable text format.
3.     The testator needs to sign the Will, and the signature needs to be an image of their handwritten signature.
4.     The will needs to be signed by at least two sound-mind witnesses.

How to Include Digital Assets in a Colorado Will

To ensure that your digital assets are handled by your final wishes, you need to follow the following steps:

1.     You need to identify all Digital Assets. This includes social media accounts such as Instagram and Facebook, online banking and investment accounts, digital property such as documents and photos on your computer, cryptocurrencies such as Bitcoin and Ethereum, and intellectual properties such as websites or domain names.
2.     You must then make an inventory listing all the digital assets alongside their login credentials, such as usernames and passwords. This should also include their location, such as iCloud or hard drives.
3.     To make a will self-proving, the testator and witnesses must sign an affidavit attesting to its authenticity and the circumstances in front of a notary public. They then seal the will with this affidavit before presenting it to the court.
4.     Provide precise instructions on how the executor should handle your digital assets after your demise.
5.     Make sure that your instructions abide by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), used by the Colorado Law.
6.     Make a separate segment in your Will for the Digital Assets.

How to Disinherit Someone in a Colorado Will

In a Colorado will, disinheriting someone entails making it clear that that particular person will not be getting anything from your estate. You must ensure to list the people’s full names, as more than just omitting their names from the will is required. Using omission is inadequate because the person may file a claim in court, arguing that you omitted them by mistake.

How to Handle Debts and Liabilities in Colorado

Handling debts and liabilities in Colorado involves following the steps below:

1.     List all debts and liabilities, including mortgages and loans. Update this list regularly, as it may change over time.
2.     Explicitly state how to handle the debts and liabilities before distributing your estate to the beneficiaries.
3.     Appoint a trusted executor to manage all the debts. If you want to relieve any debtor, explicitly state that in the will for the executor to follow.
4.     State the remaining assets and detail their distribution, ensuring compliance with all Colorado rules

These steps will ensure that you manage your estate efficiently, whether you write a traditional or online will.

How to Provide for Minor Children in Colorado Wills

To provide for minor children in Colorado, ensure to:

1.     Appoint a guardian to look after the minor children if the parents pass away.
2.     Create a testamentary trust in your will to oversee your minor children’s trust until they reach a certain age and select a trustee to manage the trust.
3.     Select the specific age the minors need to attain to access their inheritance. Usually, 18 years and above.
4.     You could specify the purposes of the money, such as education and healthcare.

How to Store Your Colorado Will Safely

Here are the options to ensure that your will is stored safely:

1. A fireproof and waterproof safe at home
2. A bank Safe Deposit. 
3. Digital Storage like encrypted storage services.

It is vital to ensure that your executor can access the will when needed.

How to contest a will in Colorado.

You need to have legitimate legal grounds to contest a will. First, you must ensure that you have Legal Standing, meaning they will directly impact you. Beneficiaries, heirs, and those who inherit by intestate succession have a Legal Standing. Second, you would need grounds for Contesting a will, such as Undue influence, Fraud or Forgery, Undue Influence, and Improper Execution. One would then submit a petition to the county’s probate court to have the will probated. Complete these steps within 6 months of admitting the will to probate. Third, gather evidence, such as medical records and expert testimony, to support your claim. Lastly, attend the court proceedings and make your case. The court will analyze the evidence, which will then rule on the grounds’ admissibility.

What are no-contest clauses in Colorado Wills?

No contest clauses, alternatively known as in terrorem, are clauses in a Will intended to deter beneficiaries from contesting the Will. A no-contest clause stipulates that if a beneficiary loses their challenge to the will, they forfeit their inheritance, or it will be significantly reduced. When there is no reasonable cause to contest the clause, Colorado Law upholds it.

What is the difference between Probate in Colorado and Minnesota?

In Colorado, probate entails informal, formal, and minor estate procedures. It can take between 6 months – 2 years, and the executor is responsible for managing the estate’s assets, paying off debts, and allocating the estate in compliance with state law. Similar procedures are followed in Minnesotan probate, although small estates under $75,000 are subject to a streamlined affidavit process. In Minnesota, the probate process usually takes 6-12 months and has extra steps for managing debts and notifying creditors. Additionally, will writing in Minnesota requires adherence to statutory requirements.

How to handle foreign property in a Colorado Will

Foreign property in a Colorado will is a complex situation that might require you to have a Colorado estate planning attorney and an attorney in a foreign country. The Will usually needs to cover all assets and their locations and how one intends to split amongst beneficiaries. Ensure that the Will follows the inheritance laws of the foreign country. In such intricate matters, LegalPen provides professional services to help you easily navigate these procedures.

How to make a Will for same-sex couples in Colorado

Same-sex couple’s wills in Colorado are no different from the opposite-sex couple’s wills. One must name the spouse, appoint an executor, and, in cases where there are children, specify how the children will be taken care of after your demise. This action ensures that one adheres to how to write a will in Colorado.

How to plan for pet care in your Colorado will

In Colorado, you need to appoint a trusted caregiver who is able and willing to look after your pet. You must also allocate your pet to a trust covering the costs of your pet’s care, such as food and veterinary visits. Moreover, you can name a backup caregiver if the primary caregiver cannot care for the pet.

How to handle business succession in a Colorado will

To handle business succession in Colorado, you need to: 

1.     Indicate the names of your successors and your relationship with them, such as family members.
2.     Indicate the mode of transfer, such as gifting.
3.     Indicate how to pay off business debts and distribute the proceeds in the event of a business sale.

How to handle out-of-state property in Colorado will

First, one must state the Will’s out-of-state properties and locations. Second, one should ensure that they understand the probate laws of where the property is located, as they will govern the probate process. Third, one can set up a revocable living trust to hold out-of-state assets and prevent additional probate procedures in a different state.

What is the difference between Holographic wills and statutory Wills in Minnesota?

Listed below are the differences between Minnesota Statutory Wills and Holographic Wills.