Since January 2021, electronic wills or e-wills are valid in Colorado. The Colorado Uniform Electronic Wills Act allows for remote signing and witnessing of wills. Ordinarily, a person signs their will in front of a notary and two witnesses. This routinely happens at the attorney’s office, or sometimes at the signer’s home. During the pandemic however, this became increasingly challenging because of social distancing, limits on gatherings, as well as office closings. It just so happened, prior to COVID-19 a bill regarding an electronic wills act was working it way through the Colorado state legislature. The pandemic so to speak, provided a catalyst for the bill becoming law.
In A Nutshell
Briefly, the Act allows for the electronic signing, witnessing and notarization of wills. As such, the law requires the notary be a Colorado Notary as well as located in Colorado during the notarization. The location of the person making the will, as well as the witnesses may be somewhere else as long as they are in the United States. Of course, there’s a more to it than that, but that’s the gist of it.
I foresee this new law helping those who have a difficult time traveling to an attorney’s office. Such as the elderly or disabled, or even folks who live in rural parts of the state. The law is only a couple of months old, however. Therefore, the process for notarizing, probating, and storing an e-will has yet to be litigated. I believe the interpretation of the law needs time to develop as well as a chance for technologies to emerge, before my firm offers e-wills as an estate planning solution. For example, a statewide repository for e-wills.
On a final note, don’t wait for e-wills to become a thing before you get your estate plan in order. My estate planning process is simple and easy. You can do it in the comfort of your living room using Zoom, phone conferences, and email. In most instances, the final signing is the only face-to-face meeting. Get started, schedule a free initial consultation.
This article is for informational purposes only and does not constitute legal advice about your case or situation. There may be exceptions to the information outlined above. Please consult an attorney if you have specific questions about your estate or a decedent’s estate.Follow me on social media: