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Colorado Will Instructions for Married Individuals with Minor Children

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Colorado Last Will and Testament Form

COLORADO WILL INSTRUCTIONS
Married with Minor Children

This form is designed to be completed on your computer. Fill in the fields below as indicated by the instructions in the PDF.

Testator Information

I, of County, Colorado, being of legal age and of sound and disposing mind and memory, do make, declare and publish this to be my Will.

Article One - Marriage and Children

I am married to and have the following children from said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Article Two - Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness, funeral expenses, and just debts that may be probated, registered and allowed against my estate.

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: Address: Relationship:

Property:

Name: Address: Relationship:

Property:

Name: Address: Relationship:

Property:

Article Four - Homestead or Primary Residence

I devise and bequeath my homestead or primary residence to my spouse, if he or she survives me.

Article Five - All Remaining Property

I give all the rest and remainder of my property and estate to my spouse,

Article Six - Contingent Distribution

In the event that my spouse shall predecease me, I give the rest and remainder of my property and estate to my child(ren):

Article Seven - Trust for Minor Beneficiaries

If any of my children are under the age of years, property shall be held in trust until the following ages:

Age for release from trust:

Article Nine - Trustee and Successor Trustee

Trustee: Successor Trustee:

Article Ten - Guardian of Minor Children

If my spouse, dies without having made just provision for our children under the age of years, I appoint as guardian.

Article Eleven - Personal Representative

Personal Representative: Successor Personal Representative:

Article Fourteen - Common Disaster Clause

In the event that my spouse, and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived him/her.

Article Fifteen - Miscellaneous Provisions

Cemetery: County: State:

Signature Section

I, having signed this Will in the presence of witnesses, declare this to be my Last Will and Testament.

Signature:

Date:

Witness 1

Signature:

Print Name:

Address:

City, State, Zip:

Phone:

Witness 2

Signature:

Print Name:

Address:

City, State, Zip:

Phone:

Colorado Self-Proving Affidavit

I, sign my name to this instrument this day of , 20 .

Testator/Testatrix Signature:

Typed Name:

Witness 1:

Witness 2:

STATE OF COLORADO

COUNTY OF

Subscribed, sworn to and acknowledged before me by and subscribed and sworn to before me by and this day of , 20 .

Notary Signature:

Official Capacity:

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What these Colorado will instructions cover

This document provides focused instructions for drafting a last will and testament in Colorado for married individuals who have minor children. It explains essential clauses — executor appointment, guardianship nominations, minor-child trusts, and asset distribution — and highlights Colorado-specific formalities such as witness rules and options for a self-proving affidavit. Note that many states treat wills as an exception to electronic-signature statutes; these instructions emphasize signed, witnessed, and notarized execution to ensure probate readiness and to reduce post-death disputes.

Why clear instructions matter for family protection

Clear, Colorado-specific guidance reduces the risk of intestacy, clarifies guardianship for minor children, and helps ensure that your estate plan is accepted in probate without avoidable disputes or delays.

Why clear instructions matter for family protection

Who typically uses these instructions

They are also useful for executors, family attorneys, and estate planners who must verify that documents meet Colorado formalities and protect minor heirs.

  • New parents or blended-family spouses planning guardianship and child-provision provisions.
  • Couples updating estate plans after birth, adoption, marriage, or significant asset changes.
  • Individuals preparing a will before travel, military deployment, or long-term incapacity.

Step-by-step: completing the Colorado will for married parents

Follow these steps to draft, execute, and preserve a Colorado will that addresses guardianship and minor-child needs.

  • 01
    Draft terms: Specify executor, guardians, specific bequests, and residue distribution.
  • 02
    Name guardians: Appoint primary and alternate guardians for minor children.
  • 03
    Witnesses present: Sign before two disinterested adult witnesses.
  • 04
    Notarize/affidavit: Consider a self-proving affidavit for easier probate.

Customizing the signing and handling workflow

Choose how the document will be signed, authenticated, stored, and who receives copies after execution.

Field Configuration
Delivery Method In-person signing with witnesses; avoid electronic-only execution for wills
Authentication Level Government ID check at execution; witnesses attest identity
Signature Type Wet signatures with witness attestations recommended
Storage Location Secure safe or attorney trust file; provide certified copies to executor

Digital tools and file requirements for supporting documents

Maintain the original wet-signed will in a secure location and keep encrypted digital copies for redundancy and for quick access by the executor or counsel.

  • File formats: PDF, DOCX accepted for drafts and copies.
  • Integrations: Works with Google Workspace and cloud storage providers.
  • Accessibility: Preserve machine-readable copies for reproduction if needed

Where to keep and how to submit the will when needed

After execution, follow these distribution and filing steps to ensure the document is available for probate.

  • Original storage: Keep the original will in a safe or attorney escrow.
  • Executor copy: Provide the named executor with a certified copy of the will.
  • Self-proving affidavit: Attach notarized affidavit to streamline probate testimony.
  • Probate filing: File the will with the county probate court after death.

Timing and event-driven updates to your will

No statutory deadline exists for creating a will, but specific events and post-death actions trigger time-sensitive filings.

When to create:

Anytime; especially after birth, marriage, divorce, or major asset changes

Updating the will:

Update after a new child, marriage, divorce, or major inheritance

Probate filing:

File with probate court shortly after death; local rules govern timing

Estate tax return:

Form 706 due nine months after decedent's date of death (IRS)

Record retention:

Keep originals indefinitely; retain key records for statutory periods

Common mistakes to avoid when preparing a Colorado will

  • Using ambiguous guardian language that leaves room for competing interpretations and court disputes.
  • Failing to list alternate guardians or successors for executors, causing delays in appointment and estate administration.
  • Relying on electronic signatures or email-only consent for wills where wet signatures and witnesses are required.
  • Keeping the only original in an insecure place, leading to loss, destruction, or disputed authenticity at probate.

Consequences of an improperly executed will

Intestacy risk: Estate passes under statute
Guardianship dispute: Court decides care of minors
Probate delay: Administration timeline extended
Estate tax exposure: Missed planning causes tax inefficiency
Will contest: Increased litigation costs
Invalid signature: Document may be rejected

Essential information to include in the will

Testator name: Full legal name
Spouse name: Full legal name
Children details: Names and birthdates
Executor: Name and contact
Guardian: Primary and alternate
Asset list: Key property and accounts

Practical tips for accurate and efficient completion

Use these best practices to reduce errors and make probate smoother for your heirs and named guardians.

Use precise names and dates
Always enter full legal names and birthdates for minor children and alternate guardians to avoid ambiguity during probate and to ensure accurate asset transfers.
Keep alternates named
Name alternate executors and guardians to prevent administration gaps if the primary designee cannot serve, and specify successor rules where appropriate.
Create a self-proving affidavit
Attach a notarized self-proving affidavit to reduce or eliminate witness testimony at probate, making administration faster and less costly.
Store originals securely
Place the signed original in a bank safe deposit or attorney escrow and provide trusted parties with certified copies to ensure availability when needed.

Who signs and witnesses the will

Testator (Spouse)

The person making the will (testator) must sign the document voluntarily and be of sound mind. If married, clearly indicate whether the will is mutual or separate and how community or separate property is treated.

Witnesses/Notary

Two competent adult witnesses should observe signing and attest by signature. A notary may notarize a self-proving affidavit; notarization is not universally required for validity in Colorado.

Core components to include in a married-parent will

Ensure the will contains these six core sections so the estate plan functions for minor children and provides clear administration guidance.

Executor appointment

Name a primary and alternate executor with authority to administer the estate, pay debts, file necessary returns, and distribute assets to beneficiaries.

Guardian nomination

Designate primary and alternate guardians for minor children and provide direction on personal care and education preferences where appropriate.

Trusts for minors

Create testamentary trusts to hold assets for minor children until a specified age, including spendthrift provisions and trustee powers.

Specific bequests

Identify particular items or dollar amounts to specific individuals, and state fallback instructions if beneficiaries predecease you.

Residue clause

State how the remaining estate should be divided between spouse and children, including division percentages or lifetime trusts.

Signatures and attestations

Include testator signature, two witness signatures, and optionally a notarial self-proving affidavit to simplify probate.

Vendor pricing snapshot for electronic signing and handling

Choose an eSignature option based on compliance needs, per-user pricing, and envelope limits; signNow appears first for direct feature comparison.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies by plan Varies by plan Varies by plan Varies by plan

Frequently asked questions about Colorado wills for married parents

Answers to common questions about validity, witnesses, electronic signatures, revocation, and probate for wills involving minor children.


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