Wills and Testaments in Colorado: Securing Your Legacy and Protecting Loved Ones

When it comes to planning for the future, few legal documents are as essential as a will. A will, also known as a last will and testament, allows you to decide how your property, assets, and responsibilities will be distributed after your death. Without one, the state decides for you—and the results may not align with your wishes.

This guide explains what a will does, why it matters, and how working with an experienced estate planning attorney in Colorado can help you protect your loved ones and your legacy.

What Is a Will and Testament?

A will and testament is a legal document that outlines how you want your estate—your assets, property, and personal belongings—handled after your death. It can also name guardians for minor children, specify charitable donations, and appoint an executor to manage your estate.

In Colorado, a valid will must meet certain legal requirements:

• The person creating the will (the testator) must be at least 18 years old.
  
  
• The testator must be of sound mind.
  
  
• The will must be in writing and signed by the testator.
  
  
• Two witnesses must sign the will, or it must be a holographic (handwritten) will that clearly shows the testator’s intent.
  
  

Failing to meet these requirements can lead to disputes or even render the will invalid.

Why Every Adult Should Have a Will

Even if you don’t have significant assets, having a will provides peace of mind and clarity for your family. Here’s why it’s so important:

1. Control Over Your Estate
   A will ensures that your assets go exactly where you want them to go—whether that’s to family members, friends, or charitable organizations.
   
   
2. Protection for Minor Children
   Parents can use a will to name a guardian for their children. Without a will, the court decides who will care for them, which may not reflect your wishes.
   
   
3. Avoiding Family Disputes
   Clear instructions in a will can help prevent disagreements among relatives, making the probate process smoother and less emotional.
   
   
4. Peace of Mind
   Knowing your affairs are in order allows you to focus on living your life without worrying about what might happen after you’re gone.
   
   

What Happens If You Die Without a Will?

If you pass away without a will in Colorado, you are said to have died intestate. In that case, state laws determine how your property is divided. Typically, your spouse and children inherit your assets. If you don’t have immediate family, your estate could go to distant relatives—or even to the state itself.

Dying intestate also means you have no say in who will care for your children or manage your estate, leaving those important decisions to the courts.

Common Mistakes People Make with Wills

Even when people create a will, certain mistakes can cause future problems. Some of the most common include:

• Forgetting to update the will after major life events like marriage, divorce, or the birth of a child.
  
  
• Failing to name alternate beneficiaries or executors.
  
  
• Not including digital assets such as online accounts or cryptocurrency.
  
  
• Keeping the will in an inaccessible place.
  
  
• Attempting to write a will without legal guidance, leading to unclear or invalid provisions.
  
  

An experienced estate planning attorney can help ensure your will meets all legal standards and accurately reflects your intentions.

The Role of an Attorney in Drafting Your Will

While online templates may seem convenient, estate laws vary by state and are often more complex than they appear. A Colorado estate planning attorney can:

• Ensure your will is legally valid and enforceable.
  
  
• Help minimize estate taxes and probate complications.
  
  
• Address blended families or unique inheritance situations.
  
  
• Coordinate your will with other estate planning documents, such as trusts or powers of attorney.
  
  

With professional legal support, you can be confident that your will truly protects your loved ones and respects your final wishes.

Keep Your Will Current

Your will isn’t a one-time document—it should evolve as your life changes. You should review and update your will when you:

• Get married or divorced.
  
  
• Have or adopt children.
  
  
• Acquire or sell major assets.
  
  
• Move to a new state.
  
  
• Experience a significant change in your financial situation.
  
  

Regular updates ensure your estate plan always reflects your current circumstances and goals.

Protect Your Future with Expert Legal Guidance

Creating a will and testament is one of the most important steps you can take to protect your family and your legacy. By documenting your wishes clearly and legally, you can prevent confusion, conflict, and unnecessary stress for your loved ones.

At Thomas and Associates, our experienced estate planning attorneys can help you draft, update, and safeguard your will with precision and care. We’ll ensure your intentions are honored and your loved ones are provided for—no matter what the future holds. Contact us today to schedule a consultation and take the first step toward securing your legacy.