COLORADO WILL INSTRUCTIONS
Mutual Wills for Married Couple
with Adult Children
U.S. Legal Forms, Inc.
http://www.uslegalforms.com
1.
These Wills are designed to be completed on your computer. To do so, use
your mouse and click on each field which will be highlighted in gray. This will replace the gray
with the words you type.
Example: _____________________________[1] will become JOHN DOE.
If you ordered and received this Will in hard copy, you may also use these instructions to
complete the Will, leaving the reference numbers, and placing the names, etc. you desire
next to the field numbers.
2. The Will contains Articles which cover various matters. The information below is
designed to assist you in completing the fields contained in the articles of the Will.
3.
Article / Field Completion Instructions
Field [1]
Field [2]
Field [3]
-
Your name.
Your name.
Your County of Residence.
ARTICLE ONE
Field [4]
Fields [5] – [10]
Type the name of your spouse.
Type the name(s) and birth date(s) of your children.
ARTICLE THREE
This article is for you to specify specific property to go to a specific person. If you do
not leave any, type none and delete the fields.
Field [11]
Field [12]
Field [13]
Field [14]
Field [15]
Field [16]
Field [17]
Field [18]
Field [19]
Field [20]
Field [21]
-
Type name.
Type Street address.
Additional Address line.
City, State, Zip.
Relationship.
Describe the property to go to this person.
Type name.
Type Street address.
Additional Address line.
City, State, Zip.
Relationship.
-1-
Field [22]
Field [23]
Field [24]
Field [25]
Field [26]
Field [27]
Field [28]
-
Describe the property.
Type name.
Type Street address.
Additional Address line.
City, State, Zip.
Relationship.
Describe the property.
ARTICLE FOUR
This article is for you to leave your homestead, if you have one on the date of death to
persons designated.
Field [29]
-
Type name of your spouse.
Note: If your home is jointly owned with another and held as joint tenants with rights of
survivorship, the home will pass to the survivor and will not be controlled by your will. If this is
the case, name the joint tenant in field 29.
ARTICLE FIVE
This article is for you to leave all the rest and remainder of your property except your
homestead and any special items you listed in Article Three.
Field [30]
-
Type name of your spouse.
ARTICLE SIX
This article is to provide an alternate distribution of the rest and remainder of your
property should your spouse predecease you and the provisions for distribution contained in
Article Five cannot be carried out.
Field [31]
Field [32] – [33]
Type the name of your child (ren).
Omitted
ARTICLE SEVEN
This article is for you to name your personal representative. This must be an adult and
can be your spouse.
Field [34]
Field [35]
-
Type name of Personal Representative.
Type name of successor Personal Representative.
-2-
ARTICLE TEN
This article provides instructions regarding the interpretation of your Will.
Field [36]
-
Type the name of your spouse. This clause is a common
disaster clause and provides whose Will will control if you
both die in a common disaster.
ARTICLE ELEVEN
All parts of Article 11 are optional. Complete as desired. Be sure to write your initials
for any of these items you desire to apply.
Field [37]
Field [38]
Field [39]
-
Type name of Cemetery.
Type County.
Type State.
ENDING AND SIGNATURE
Field [40]
Field [41]
Field [42]
Field [43]
Field [44]
Field [45]
Field [46]
-
Your name.
Your name.
Your name.
Your name.
Your name.
Your name.
Your name.
All other blanks in the Will are typically completed by hand, such as the names of the
witnesses, day, month and year executed, etc.
Once you have completed the Will double check all entries and then print. The Will
should be signed by you in front of two witnesses, not related to you. Please sign all pages of
the Will in the places designated.
The self-proving affidavit is used to prove the Will and make the Will subject to
probate. If the affidavit is not completed now, someone will have to locate the witnesses after
your death and obtain an affidavit. Therefore, it is best to sign the Will in the presence of two
witnesses AND a notary public so that the affidavit can be completed by the Notary.
You should keep your Will in a safe place once executed. It is also recommended that
you give a copy to your executor or other person as additional proof of execution.
-3-
ADDITIONAL INFORMATION ABOUT YOUR WILL FORM
This section will briefly explain some of the articles of your will and provide other
information. Articles of the Will, which are basically self-explanatory, are not discussed here.
In addition, information which is already provided in the instructions above is not repeated.
First Paragraph: The first paragraph of the Will provides your name, residence
information and provides that all prior Wills, if any, are revoked since you have now made a
new Will.
Article Three:
Some people have specific property that they desire to leave to a
specific person, such as a ring or antique. This Article is for you to leave such property. You
do not have to name specific property and may simply state none if not property is to be left
under this Article.
Article Seven:
This Article is for you to name a personal representative, also
called executor or executrix. The person named should be an adult and may be your spouse
or relative.
Article Eight:
If not waived, some Courts will require your Personal
Representative post a bond, and file an inventory, accounting and/or appraisal. All can be
costly and time consuming.
This Article states your intention that your Personal
Representative not be required to post a bond or file an inventory or accounting.
Article Nine: This Article sets forth powers of your Personal Representative and is
designed to give broad powers without the requirement that Court approval be sought for
action by the Representative to the extent permitted by the laws of your State.
Article Ten: This article sets forth some legal construction intentions to clarify some
of the issues which may arise. It also contains a common disaster clause, which provides
that if you, and your spouse die in a common disaster, your Will is to have precedence. In
cases where you and your wife are making Wills, you would only include this paragraph in
one Will, or state in both which Will is to control.
-4-
BASIC INFORMATION
What is a Will? A Will is a document which
provides who is to receive your property at death,
who will administer your estate, the appointment of
trustees and guardians, if applicable, and other
provisions.
(a)
Real Estate:
Often, a husband and wife
will own real estate as joint tenants with rights of
survivorship. If one party dies, the surviving party
receives the property regardless of what the Will
provides.
This is common and generally
acceptable. However, if this is not your desire you
should change the ownership of the property to
tenants in common or other form of ownership. If
you own real estate as tenants in common, then you
may designate who will receive your share of the
property at your death. This issue can be a problem
when uninformed persons take title to real estate as
joint tenants with rights of survivorship but really
intended to leave their share to, for example,
children of a prior marriage.
Who may make a Will? Generally, any person 18
years or older of sound mind may make a Will.
(Some states allow persons under 18 to make a
Will)
What happens if I die without a Will? If you die
without a will you are an intestate. In such a case,
state laws govern who receives your property.
These laws are called "intestate succession laws".
If you die without a Will, the Court decides who will
administer your estate.
Generally, it is more
expensive to administer an estate of a person who
died without a Will, than a person who dies with a
Will.
(b)
Bank Accounts/Certificates of Deposit,
Stock, Retirement Plans, IRA’s and other type
Property:
The same ownership as real estate
can be made of these investments. In fact, many
Banks routinely place Bank accounts and
Certificates of Deposit in the joint tenant with right of
survivorship form of ownership if more than one
person is on the account or CD, without advising
you of the consequence of same. In situations
where the persons are husband and wife and there
is no issue or concern over divorce or children from
previous marriages, this may be the best course of
action.
However, with divorce on the rise,
premarital agreements and multiple marriages being
common, the parties may be doing something that
was not their intent. Another common problematic
situation is where a parent has more than one child
but only one child resides in the hometown of the
parent. The parent may place the name of the child
who resides there on all accounts, CD’s and other
investments for convenience reasons and establish
a joint tenant with right of survivorship situation
without realizing that only that child will be entitled to
those assets at the parent’s death. Simply put, you
should be aware when you acquire an asset or
investment
exactly
how
it
is
titled.
General
When making a Will you need to consider who will
be named as your personal representative or
executor to administer your estate, who you will
name as guardian and trustee of minor children if
your spouse does not survive you and who will
receive your property. You should also consider tax
issues. The person appointed as executor or
administrator is often your spouse, but you should
also name an alternate, in case your spouse
predeceases you. The person you name should be
a person you can trust and who will get along with
the beneficiaries named in the Will.
In the event your spouse predeceases you, the
guardian you name will have actual custody of your
minor children unless a court appoints someone
else. The trustee you appoint to administer a trust
you established will be in charge of the assets of the
trust for the benefit of the minor beneficiaries.
Generally, a Will must be signed in the presence of
at least two witnesses (three for Vermont) who also
sign the Will. A notary public will also need to sign if
the Will contains a self-proving affidavit. Generally,
a self-proving affidavit allows the Will to be admitted
to probate without other evidence of execution.
Joint Property: Many people do not understand
that joint property may pass outside your Will and
also sometimes assume that it will pass through
their Will. They do not understand the significance
of joint ownership. The issue is common in the
following areas, provided as examples:
-5-
For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is also linked on the Information
and Preview page.
DISCLAIMER/LICENSE/LIABILITY LIMITATION
All forms in this package are provided without any warranty, express or implied, as
to their legal effect and completeness. Please use at your own risk. If you have a
serious legal problem we suggest that you consult an attorney. U.S. Legal Forms,
Inc. does not provide legal advice. The products offered by U.S. Legal Forms
(USLF) are not a substitute for the advice of an attorney.
Your Wills start on the next page.
Note: First Will is for Husband.
Second Will is for Wife.
Signed by Husband Testator: __________________________________
-1-
LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2], of __________________[3] County, Colorado,
being of legal age and of sound and disposing mind and memory, and not acting under duress,
menace, fraud, or undue influence of any person, do make, declare and publish this to be my
Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am married to _____________________________[4] and have the following adult
children:
Name: _____________________________[5] Date of Birth: __________________[6]
Name: _____________________________[7] Date of Birth: __________________[8]
Name: _____________________________[9] Date of Birth: _________________[10]
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or
any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name
[11]
Address
[12]
[13]
[14]
Relationship
[15]
Address
[18]
[19]
[20]
Relationship
[21]
Property: [16]
Name
[17]
Property: [22]
Signed by Husband Testator: __________________________________
-2-
Name
[23]
Address
[24]
[25]
[26]
Relationship
[27]
Property: [28]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the
bequest to such person shall lapse and the property shall pass under the other provisions of this
Will. In the event that I do not possess or own any property listed above on the date of my
death, the bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own
a homestead or primary residence on the date of my death that passes through this Will, to my
Wife, _____________________________[29], if she survives me. If she does not survive me,
then my homestead or primary residence shall pass under the residuary clause of this Will.
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of
every kind and character, including, but not limited to, real and personal property in which I may
have an interest at the date of my death and which is not otherwise effectively disposed of, to
my Wife, _____________________________[30].
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that my Wife shall predecease me, I will, devise, bequeath and give all the
rest and remainder of my property and estate of every kind and character, including, but not
limited to, real and personal property in which I may have an interest at the date of my death
and which is not otherwise effectively disposed of, to my child (ren)
____________________________________________________[31]. If I have and name more
than one child, they are to receive the property, equally, per stirpes.
ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint my Wife, _____________________________[34], as Personal
Representative of my estate and this Will. In the event my Personal Representative shall
predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal
Representative, then I hereby appoint _____________________________[35] to serve as
successor Personal Representative of my estate and Will.
Signed by Husband Testator: __________________________________
-3-
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE EIGHT
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without
any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE NINE
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration
of my Estate, without the necessity of Court approval. I grant unto my Personal Representative,
all powers that are allowed to be exercised by Personal Representatives by the laws of the State
of Colorado and to the extent not prohibited by the laws of Colorado, the following additional
powers:
1.
To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of Colorado.
2.
To compromise claims and to abandon property which, in my Executor’s opinion
is of little or no value.
3.
To purchase or otherwise acquire and to retain any and all stocks, bonds, notes
or other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4.
To settle, adjust, dissolve, windup or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death. I
authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or titleholder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or other
entity.
5.
To lease, sell, or offer on a lease purchase, any real or personal property for such
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6.
To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
Signed by Husband Testator: __________________________________
-4-
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer or conveyance of any real or personal property.
7.
To pay all necessary expenses of administering the estate and any trust including
taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to
reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
8.
Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary and
without making pro rata distributions of specific assets.
9.
To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them and
to partite and to distribute property of the estate or trust in kind or in undivided interests, and to
determine the value of such property.
10.
To participate in any plan of reorganization, consolidation, dissolution,
redemption, or similar proceedings involving assets comprising my estate or any trust created
hereunder, and to deposit or withdraw securities under any such proceedings.
11.
To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12.
To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate or
income taxes, or agree to rescind or modify any contract or agreement.
13.
To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefore
as my Personal Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any Court, and I intend that such powers be construed in the broadest
possible extent.
ARTICLE TEN
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
1.
The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
Signed by Husband Testator: __________________________________
-5-
and vice versa.
2.
Testatrix.
The term “testator” as used herein is deemed to include me as Testator or
3.
This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party and I may revoke this Will at any time.
4.
If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
5.
In the event that my Wife, _____________________________[36], and I die
under circumstances where it is difficult to determine who died first, I direct that I be deemed to
have survived her and the terms of my Will shall take precedence over any Will or Codicil that
she may have made, notwithstanding any provisions of the law to the contrary.
ARTICLE ELEVEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Colorado.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
________
If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such
person’s portion of my estate shall be diminished by the amount of such debt.
________
Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive
such real property and not paid by my Personal Representative.
________
I desire to be buried in the _____________________________[37] cemetery in
__________________[38] County, __________________[39].
________
I direct that my remains be cremated and that the ashes be disposed of
according to the wishes of my Executor.
I, ___________________________________[40], having signed this Will in the
presence of _____________________________, and ________________________________
who attested it at my request on this the _____ day of _____________, 20_____ at
____________________________________________________________(address), declare
this to be my Last Will and Testament.
________________________________
_____________________________[41]
Testator
Signed by Husband Testator: __________________________________
-6-
The above and foregoing Will of _____________________________[42] was declared
by _____________________________[43] in our view and presence to be his Will and was
signed and subscribed by the said _____________________________[44] in our view and
presence
and
at
his
request
and
in
the
view
and
presence
of
_____________________________[45] and in the view and presence of each other, we, the
undersigned,
witnessed
and
attested
the
due
execution
of
the
Will
of
_____________________________[46] on this the _____day of ___________________, 20__.
Witness Signature
Print Name:
Address:
Witness Signature
Print Name:
Address:
City, State, Zip:
Phone:
City, State, Zip:
Phone:
Signed by Husband Testator: __________________________________
-7-
Colorado Self-Proving Affidavit
I, ___________________________________, the testator, sign my name to this
instrument this _______ day of ____________________, 20___, and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this instrument as my Will
and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein
expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint
or undue influence.
_________________________________________
Testator
Typed Name:
_________________________________________
We, ___________________________, ______________________________ the
witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to
the undersigned authority that the Testator signs and executes this instrument as his Will and
that he signs it willingly, and that he executes it as his free and voluntary act for the purposes
therein expressed, and that each of us, in the conscious presence of the testator, hereby signs
this Will as witness to the testator's signing, and that to the best of our knowledge the testator is
eighteen years of age or older, of sound mind, and under no constraint or undue influence.
____________________________________
Witness
____________________________________
Witness
STATE OF COLORADO
COUNTY OF _____________________
Subscribed, sworn to and acknowledged before me by
_________________________________________, the Testator, and subscribed and sworn to
before me by _______________________________________ and
_________________________________________, witnesses, this _____ day of
___________________, 20___.
(Signed)_____________________________
____________________________________
(Official capacity of officer)
Colorado Self Proving Affidavit: Colorado Revised Statutes § 15-11-504
Colorado Self Proving Affidavit: Colorado Revised Statutes § 15-11-504
LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2], of __________________[3] County, Colorado,
being of legal age and of sound and disposing mind and memory, and not acting under duress,
menace, fraud, or undue influence of any person, do make, declare and publish this to be my
Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am married to _____________________________[4] and have the following adult
children:
Name: _____________________________[5] Date of Birth: __________________[6]
Name: _____________________________[7] Date of Birth: __________________[8]
Name: _____________________________[9] Date of Birth: _________________[10]
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or
any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name
[11]
Address
[12]
[13]
[14]
Relationship
[15]
Address
[18]
[19]
[20]
Relationship
[21]
Property: [16]
Name
[17]
Property: [22]
Signed by Wife Testatrix:____________________________
-1-
Name
[23]
Address
[24]
[25]
[26]
Relationship
[27]
Property: [28]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the
bequest to such person shall lapse and the property shall pass under the other provisions of this
Will. In the event that I do not possess or own any property listed above on the date of my
death, the bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own
a homestead or primary residence on the date of my death that passes through this Will, to my
Husband, _____________________________[29], if he survives me. If he does not survive
me, then my homestead or primary residence shall pass under the residuary clause of this Will.
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of
every kind and character, including, but not limited to, real and personal property in which I may
have an interest at the date of my death and which is not otherwise effectively disposed of, to
my Husband, _____________________________[30].
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that my Husband shall predecease me, I will, devise, bequeath and give all
the rest and remainder of my property and estate of every kind and character, including, but not
limited to, real and personal property in which I may have an interest at the date of my death
and which is not otherwise effectively disposed of, to my child (ren)
____________________________________________________[31]. If I have and name more
than one child, they are to receive the property, equally, per stirpes.
ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint my Husband, _____________________________[34], as Personal
Representative of my estate and this Will. In the event my Personal Representative shall
predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal
Representative, then I hereby appoint _____________________________[35] to serve as
successor Personal Representative of my estate and Will.
Signed by Wife Testatrix:____________________________
-2-
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE EIGHT
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without
any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE NINE
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration
of my Estate, without the necessity of Court approval. I grant unto my Personal Representative,
all powers that are allowed to be exercised by Personal Representatives by the laws of the State
of Colorado and to the extent not prohibited by the laws of Colorado, the following additional
powers:
1.
To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of Colorado.
2.
To compromise claims and to abandon property, which, in my Executor’s opinion
is of little or no value.
3.
To purchase or otherwise acquire and to retain any and all stocks, bonds, notes
or other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4.
To settle, adjust, dissolve, windup or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death. I
authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or titleholder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or other
entity.
5.
To lease, sell, or offer on a lease purchase, any real or personal property for such
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6.
To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
Signed by Wife Testatrix:____________________________
-3-
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer or conveyance of any real or personal property.
7.
To pay all necessary expenses of administering the estate and any trust including
taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to
reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
8.
Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary and
without making pro rata distributions of specific assets.
9.
To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them and
to partite and to distribute property of the estate or trust in kind or in undivided interests, and to
determine the value of such property.
10.
To participate in any plan of reorganization, consolidation, dissolution,
redemption, or similar proceedings involving assets comprising my estate or any trust created
hereunder, and to deposit or withdraw securities under any such proceedings.
11.
To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12.
To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate or
income taxes, or agree to rescind or modify any contract or agreement.
13.
To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefore
as my Personal Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any Court, and I intend that such powers be construed in the broadest
possible extent.
ARTICLE TEN
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
1.
The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
Signed by Wife Testatrix:____________________________
-4-
and vice versa.
2.
Testatrix.
The term “testator” as used herein is deemed to include me as Testator or
3.
This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party and I may revoke this Will at any time.
4.
If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
5.
In the event that my Husband, _____________________________[36], and I die
under circumstances where it is difficult to determine who died first, I direct that he be deemed
to have survived me and the terms of his Will shall take precedence over any Will or Codicil that
I may have made, notwithstanding any provisions of the law to the contrary.
ARTICLE ELEVEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Colorado.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
________
If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such
person’s portion of my estate shall be diminished by the amount of such debt.
________
Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive
such real property and not paid by my Personal Representative.
________
I desire to be buried in the _____________________________[37] cemetery in
__________________[38] County, __________________[39].
________
I direct that my remains be cremated and that the ashes be disposed of
according to the wishes of my Executor.
I, ___________________________________[40], having signed this Will in the
presence of _____________________________, and ________________________________
who attested it at my request on this the _____ day of _____________, 20_____ at
____________________________________________________________(address), declare
this to be my Last Will and Testament.
________________________________
_____________________________[41]
Testatrix
Signed by Wife Testatrix:____________________________
-5-
The above and foregoing Will of _____________________________[42] was declared
by _____________________________[43] in our view and presence to be her Will and was
signed and subscribed by the said _____________________________[44] in our view and
presence
and
at
her
request
and
in
the
view
and
presence
of
_____________________________[45] and in the view and presence of each other, we, the
undersigned,
witnessed
and
attested
the
due
execution
of
the
Will
of
_____________________________[46] on this the _____day of ___________________, 20__.
Witness Signature
Print Name:
Address:
Witness Signature
Print Name:
Address:
City, State, Zip:
Phone:
City, State, Zip:
Phone:
Signed by Wife Testatrix:____________________________
-6-
Colorado Self-Proving Affidavit
I, ___________________________________, the testatrix, sign my name to this
instrument this _______ day of ____________________, 20___, and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this instrument as my Will
and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein
expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint
or undue influence.
_________________________________________
Testatrix
Typed Name:
_________________________________________
We, ___________________________, ______________________________ the
witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to
the undersigned authority that the Testatrix signs and executes this instrument as her Will and
that she signs it willingly, and that she executes it as her free and voluntary act for the purposes
therein expressed, and that each of us, in the conscious presence of the testatrix, hereby signs
this Will as witness to the testatrix’s signing, and that to the best of our knowledge the testatrix is
eighteen years of age or older, of sound mind, and under no constraint or undue influence.
____________________________________
Witness
____________________________________
Witness
STATE OF COLORADO
COUNTY OF _____________________
Subscribed, sworn to and acknowledged before me by
_________________________________________, the Testatrix, and subscribed and sworn to
before me by _______________________________________ and
_________________________________________, witnesses, this _____ day of
___________________, 20___.
(Signed)_____________________________
____________________________________
(Official capacity of officer)
Colorado Self Proving Affidavit: Colorado Revised Statutes § 15-11-504