LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
[// GUIDANCE: This template complies with the Colorado Probate Code (C.R.S. Title 15, Art. 11) and assumes the Testator is executing a “witnessed will” pursuant to C.R.S. § 15-11-502. All bracketed text MUST be customized before execution.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Signature, Witnesses & Self-Proving Affidavit)
I. DOCUMENT HEADER
- Title. LAST WILL AND TESTAMENT of [TESTATOR FULL LEGAL NAME] (the “Testator”).
- Domicile. The Testator is presently domiciled in [County] County, Colorado.
- Effective Date. This instrument is made this [Day] day of [Month], [Year] (the “Effective Date”).
- Governing Law. All matters arising under this Will shall be governed by the laws of the State of Colorado without regard to conflict-of-laws principles.
- Recital of Intent. The Testator, being of sound mind and disposing memory and acting free of undue influence, hereby publishes this Will, revoking all prior wills and codicils.
II. DEFINITIONS
For ease of reference, the following terms shall have the meanings set forth below:
“Child” or “Children” – Each of the Testator’s biological or legally adopted descendants in the first degree of lineal descent, whether now living or hereafter born or adopted.
“Estate” – The aggregate of all property, real and personal, tangible and intangible, owned by the Testator at death and subject to administration.
“Personal Representative” – The individual or institution nominated in Section III.6 to administer the Estate (synonymous with “Executor” under prior law).
“Residue” – All property remaining in the Estate after payment of (a) debts, expenses, taxes, and administration costs, and (b) all specific bequests made herein.
“Spouse” – [NAME OF SPOUSE] if legally married to the Testator on the date of death; otherwise “Spouse” shall refer to no person.
III. OPERATIVE PROVISIONS
3.1 Revocation of Prior Instruments. All previously executed wills or codicils are hereby revoked in their entirety.
3.2 Family Declaration. As of the Effective Date, the Testator is:
a. Married to [Spouse’s Full Name]; and
b. The parent of [List Children’s Full Names and Dates of Birth].
[// GUIDANCE: If unmarried or without children, delete or modify accordingly.]
3.3 Specific Bequests.
a. Tangible Personal Property. I give my tangible personal property in accordance with any memorandum executed in compliance with C.R.S. § 15-11-513, or, absent such memorandum, to [Name].
b. Monetary Gifts. I devise $[Dollar Amount] to [Beneficiary Full Name], if such beneficiary survives me by 30 days.
3.4 Residuary Estate. I devise the Residue as follows:
• To my Spouse, if my Spouse survives me by 30 days;
• Otherwise, to my Children, per stirpes;
• Failing the foregoing, to my heirs as determined under Colorado law.
[// GUIDANCE: Adjust survival period or distribution scheme as desired.]
3.5 Guardianship of Minor Children. If at my death any Child is under 18 years of age, I nominate [Guardian Name and Address] as guardian of the person and estate of such Child. An alternate guardian shall be [Alternate Guardian Name].
3.6 Nomination of Personal Representative.
a. Principal Nominee: [Name, Address, Telephone].
b. Alternate Nominee(s): [Name(s)], in the listed order of priority.
c. Bond. No bond shall be required of any Personal Representative nominated herein, except as the court may otherwise direct.
3.7 Fiduciary Powers. My Personal Representative shall have all powers granted under C.R.S. § 15-12-703 and any other applicable statute, including without limitation the power to invest, manage, sell, lease, distribute, and otherwise deal with Estate assets as prudently deemed appropriate.
3.8 Burial & Funeral Arrangements. I direct that my remains be [cremated/buried] and that my funeral be conducted in accordance with [specific instructions or “my Personal Representative’s discretion”]. The costs thereof shall be paid as an expense of administration.
IV. REPRESENTATIONS & WARRANTIES
4.1 Testamentary Capacity. The Testator represents that as of the Effective Date the Testator (i) is at least eighteen (18) years old, (ii) understands the nature and extent of their property, (iii) understands the natural objects of their bounty, and (iv) is executing this Will voluntarily.
4.2 No Contradictory Agreements. The Testator warrants that no contractual arrangements (e.g., marital agreements, beneficiary designations) presently exist that would supersede or conflict with the dispositive provisions herein, except as expressly noted in an attached schedule.
V. COVENANTS & RESTRICTIONS
5.1 No-Contest Clause. If any beneficiary under this Will contests its validity or seeks to impair or invalidate any provision, any share or interest in the Estate otherwise passing to such contestant shall lapse and pass as if that person had predeceased the Testator.
[// GUIDANCE: Colorado enforces “in terrorem” clauses unless probable cause exists (C.R.S. § 15-11-517).]
5.2 Spendthrift Protection. Distributions to any beneficiary shall be free from the claims of creditors and shall not be subject to anticipation, assignment, or bankruptcy to the maximum extent permitted by law.
VI. DEFAULT & REMEDIES
6.1 Default Under No-Contest Clause. A violation of Section 5.1 constitutes a default. The remedy is forfeiture of the contestant’s interest in the Estate.
6.2 Injunctive Relief. The Personal Representative may seek temporary restraining orders, preliminary injunctions, or other equitable relief in the Colorado probate court to preserve Estate assets pending resolution of any dispute.
6.3 Attorneys’ Fees. Reasonable attorneys’ fees and costs incurred in defending the validity of this Will or enforcing its provisions shall be paid from (and limited to) the Estate.
VII. RISK ALLOCATION
7.1 Indemnification of Personal Representative. The Estate shall indemnify and hold harmless the Personal Representative (and any successor) against any liability, cost, or expense reasonably incurred in good-faith administration, except for acts of gross negligence or willful misconduct.
7.2 Limitation of Liability. The Personal Representative’s liability to any person shall be limited to the total value of the Estate assets remaining under administration at the time the claim arises.
7.3 Insurance. The Personal Representative is authorized, but not required, to obtain fiduciary liability insurance at Estate expense.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Will shall be construed under and governed by the internal laws of the State of Colorado.
8.2 Forum Selection. Exclusive jurisdiction for any action concerning this Will or the Estate shall lie in the [County] County District Court, sitting in Probate.
8.3 Jury Waiver. To the extent a jury trial might otherwise be available, each interested person knowingly waives such right in any proceeding related to this Will.
8.4 Arbitration. Arbitration is not available for matters subject to mandatory probate jurisdiction.
8.5 Injunctive Relief. Nothing in this Section shall limit the probate court’s equitable powers to issue injunctive or other provisional relief.
IX. GENERAL PROVISIONS
9.1 Amendment. This Will may be amended only by a duly executed codicil conforming to Colorado law.
9.2 Severability. If any provision is determined unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be interpreted to most closely effectuate the Testator’s intent.
9.3 Headings. Section headings are for convenience only and shall not affect interpretation.
9.4 Integration. This instrument, together with any valid personal-property memorandum or codicil, constitutes the Testator’s entire will.
9.5 Counterparts & Electronic Records. For drafting convenience, counterparts or electronic copies may be created; however, only the original ink-signed instrument (or a court-approved copy) shall serve as the operative Will for probate purposes.
X. EXECUTION BLOCK
[// GUIDANCE: Colorado requires either (i) two disinterested witnesses, OR (ii) a notarized self-proving affidavit with witnesses. The below combines both for maximum effectiveness.]
10.1 Testator’s Signature
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], hereby subscribe my name to this Will on the date first written above.
[TESTATOR SIGNATURE]
[TESTATOR PRINTED NAME]
10.2 Witness Attestation
We, the undersigned witnesses, declare under penalty of perjury that on the date written above the Testator, in our presence, voluntarily signed and declared this instrument to be the Testator’s Last Will and Testament. The Testator appeared to us to be of sound mind and under no undue influence. We, at the Testator’s request and in the Testator’s presence (and in the presence of each other), have subscribed our names as witnesses.
Witness #1: _____
Print Name: ____
Address: ______
Witness #2: _____
Print Name: ____
Address: ______
10.3 Self-Proving Affidavit
(State of Colorado – Acknowledgment)
[// GUIDANCE: This affidavit satisfies C.R.S. § 15-11-504.]
Before me, the undersigned authority, on this day personally appeared [Testator Name], [Witness #1 Name], and [Witness #2 Name], all of whom being duly sworn, deposed as follows:
- The Testator signed the foregoing instrument as the Testator’s Last Will and Testament.
- Each witness signed the Will as witness in the Testator’s presence and in the presence of the other witness.
- The Testator was, at the time of execution, eighteen (18) years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.
Subscribed and sworn before me on this _ day of __, 20____.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Attach additional schedules (e.g., tangible personal-property memorandum) as needed. Prior to execution, review beneficiary designations (e.g., life insurance, retirement accounts) to ensure coordinated estate planning.]