Experienced Denver wills attorneys know that planning for the future can feel uncomfortable, but having a clear will in place gives you a sense of control over what happens to your property, finances, and family responsibilities. Without one, Colorado law decides how those matters are handled.
The Law Office of Andrew Bryant works with individuals and families across Denver to create, update, and defend wills that reflect their actual wishes. If you have questions about putting a plan in place or revising an existing will, call our office at (719) 634-7353 to speak with our team and get the guidance you need.
How The Law Office of Andrew Bryant Helps Denver Families With Wills
Since 2012, The Law Office of Andrew Bryant has represented individuals and families across Colorado in family law and related legal matters. Our team brings the same attention and care to will preparation that we bring to every case we handle. With over 100 Google reviews and a 4.7-star rating, clients across the Front Range trust our attorneys to guide them through high-stakes legal decisions.
Andrew Bryant is a Colorado Springs native, a graduate of The George Washington University and the University of Kentucky College of Law, and a member of both the Colorado Bar Association and the El Paso County Bar Association.
His firm has been named to The Gazette’s Best of the Springs list six of the last eight years, holds an A+ rating from the Better Business Bureau, and has earned the Martindale-Hubbell AV Preeminent rating for professional excellence.
What Our Attorneys Do for Wills Clients in Denver
We sit down with every client to understand their family structure, financial picture, and long-term goals before drafting a single word. A one-size-fits-all template rarely accounts for the details that matter most. Here are some of the ways we assist clients throughout the Denver metro area:
- Drafting new wills that comply with Colorado’s execution requirements under the Colorado Probate Code
- Reviewing and updating existing wills after marriages, divorces, births, deaths, or changes in financial circumstances
- Advising on how a will interacts with other estate planning tools such as trusts, beneficiary designations, and powers of attorney
- Guiding families through probate proceedings when a loved one passes away with or without a valid will
Having a plan in place before a crisis hits gives your family clearer direction during an already difficult time.
What Does a Will Do Under Colorado Law?
At its core, a will tells the court how you want your property and assets distributed after your death. But it does more than divide belongings. It may also name a guardian for your minor children, designate a personal representative (sometimes called an executor) to manage your estate, and outline specific gifts to individuals or organizations.
The Colorado Probate Code (Title 15 of the Colorado Revised Statutes) sets the rules that govern these documents. If a will does not meet the state’s formal requirements, a court might refuse to admit it into probate, and your wishes may go unrecognized.
Colorado’s Requirements for a Valid Will
Colorado follows the Uniform Probate Code, which lays out specific rules for creating and signing a will. Under C.R.S. § 15-11-502, a valid will in Colorado must meet these conditions:
- The person making the will (the testator) must be at least 18 years old and of sound mind
- The will must be in writing
- The testator must sign the will, or direct another person to sign it in the testator’s presence
- At least two individuals must witness the signing and also sign the document themselves
Colorado also recognizes holographic wills. These are handwritten and signed by the testator, and they do not require witnesses. That said, holographic wills often lead to disputes during probate because their terms may be unclear or incomplete.
Self-Proved Wills in Colorado
Adding a sworn affidavit from the testator and witnesses, signed in front of a notary, makes a will self-proved. This extra step streamlines probate because the court does not need to track down witnesses after the testator’s death. Many estate planning lawyers in Denver recommend it to reduce delays and avoid unnecessary complications.
What Happens if You Die Without a Will in Denver?
When someone dies without a valid will, Colorado’s intestate succession laws take over. These rules follow a rigid hierarchy based on family relationships, and they leave no room for personal wishes, promises made during life, or the unique dynamics within a family.
Colorado’s Intestate Succession Rules
Under Colorado intestate law, assets generally pass in a fixed order: first to a surviving spouse, then to children, then to parents, and then to more distant relatives. If no living relatives are found, the state of Colorado claims the property.
The gaps in this system are significant. Unmarried partners receive nothing, regardless of how long the relationship lasted.
The same applies to close friends, stepchildren who were never legally adopted, and charitable organizations you may have wanted to support. Your intentions simply do not factor in without a written will.
The Probate Process in Denver Without a Will
Denver County has its own dedicated probate court, the only one in the state. Every other county routes probate matters through its district court.
Without a will, the Denver Probate Court must appoint a personal representative, identify legal heirs, and settle any disagreements that surface among family members. That process takes longer, costs more, and adds stress to an already painful situation. A properly drafted will removes much of that uncertainty and gives your loved ones a clearer path forward.
Not sure whether your current plan still holds up? Call (719) 634-7353 to talk with our team about your options.
When Do You Need to Update Your Will?
Creating a will is not something you do once and forget about. Life moves, and a will that fit your situation five or ten years ago might leave gaps today. Will lawyers in Denver frequently work with clients who need targeted revisions rather than a completely new document.
Common Reasons to Revise a Will
Certain life events almost always call for a fresh look at your will. If any of the following apply to you, it may be time to sit down with an attorney:
- Marriage, remarriage, or divorce, especially given Colorado’s status as a no-fault divorce state
- Birth or adoption of a child or grandchild
- Death of a named beneficiary or personal representative
- Significant changes in asset value, such as buying or selling property along the Front Range
- Relocating to Colorado from another state, since execution requirements vary by jurisdiction
An outdated will may send assets to unintended recipients or leave the court to interpret a lapsed provision on its own.
Revoking or Replacing a Will in Colorado
Colorado law provides several ways to revoke a will: executing a new one, physically destroying the document with the intent to revoke it, or filing a written revocation that meets the same formalities as a will. When you create a new will, it is standard practice to include a statement that revokes all prior wills and codicils. Your attorney makes sure the revocation is clear and legally airtight.
How Do Wills and Trusts Differ in Colorado?
Many people in Denver wonder whether they need a will, a trust, or both. The short answer is that it depends on your finances, your family, and what you are trying to accomplish.
Key Differences Between Wills and Trusts
A will only takes effect after death and must pass through probate. A trust may take effect during your lifetime and often allows assets to reach beneficiaries without court involvement. Beyond that:
- Wills name guardians for minor children, while trusts do not
- Trusts offer more privacy because they are not filed with a court; wills become public record during probate
- A revocable living trust may help families with real property in multiple states avoid probate in each jurisdiction
- Both documents require regular review as life circumstances change
For many Denver families, pairing a will with a trust provides the broadest layer of protection. An estate planning attorney familiar with Colorado probate law helps you figure out which combination fits.
What Makes a Good Will Lawyer in Denver?
Not every attorney approaches wills and estate planning the same way. The process goes well beyond filling in blanks on a form. A strong wills attorney digs into your personal and financial circumstances and builds a document designed to hold up under scrutiny.
What to Look for in a Denver Wills Attorney
When you meet with an attorney for the first time, pay attention to how they handle your questions and how well they know Colorado probate law. A few things worth weighing:
- Direct experience drafting wills and handling probate matters in Colorado courts
- Familiarity with both family law and estate planning, since these areas often intersect
- A clear fee structure with no surprises
- Willingness to explain your options in plain language rather than legal jargon
The Law Office of Andrew Bryant offers free consultations so you get a full picture of your options before committing. Our attorneys work with clients across Denver, Colorado Springs, Greenwood Village, and all of Southern Colorado.
FAQs for Denver Wills Attorneys
How much does it cost to have a will drafted in Denver?
The cost depends on the complexity of your estate and your specific needs. A straightforward will for an individual typically costs less than one involving blended families, business interests, or real estate in multiple states. The Law Office of Andrew Bryant offers a free consultation to give you a clear sense of what your situation requires.
Do I need a lawyer to make a will in Colorado?
Colorado law does not require an attorney to draft your will. However, a will that falls short of the state’s formal requirements under C.R.S. § 15-11-502 might not be accepted by the court. Working with a wills attorney helps reduce the risk of errors that lead to probate delays or unintended distributions.
What is probate, and does every will go through it in Colorado?
Probate is the court-supervised process of validating a will, paying debts, and distributing assets to beneficiaries. Most wills in Colorado go through some form of probate. Small estates valued under $80,000 with no real property may qualify for a simplified affidavit process rather than a full proceeding. These thresholds are set by current Colorado statute and may be adjusted over time.
Is a handwritten will valid in Denver?
Yes. Colorado recognizes holographic wills, which are handwritten and signed by the testator without witnesses. However, holographic wills face challenges more often during probate because their terms may be vague, incomplete, or open to interpretation.
How often do I need to update my will?
There is no set rule, but reviewing your will every three to five years is a solid starting point. You also want to revisit it after any major life event, such as a marriage, divorce, birth of a child, or significant financial shift. A Denver estate planning lawyer helps you spot when a revision is needed before small gaps turn into bigger problems.
Take the Next Step With a Denver Wills Attorney Today
Your family’s future does not have to hinge on Colorado’s default rules. A well-drafted will puts you in the driver’s seat, covering how your assets, your property, and your children’s care are handled after you are gone.
The Law Office of Andrew Bryant has spent over a decade helping families across Denver and the Front Range build plans that stand up when it matters most. Call (719) 634-7353 today for a free consultation.