Planning for the future is one of the most meaningful things you can do for the people you love. A well-crafted will gives you control over how your assets are distributed, who takes care of your children, and how your final wishes are carried out. Without one, Colorado law decides all of that for you, and the results may not reflect what you would have wanted. A Colorado Springs wills attorney can make sure your plan reflects exactly what you want for the people who matter most.
At The Law Office of Andrew Bryant, we help individuals and families throughout Colorado Springs create wills that are clear, legally sound, and tailored to their unique circumstances. Whether you are drafting your first will or updating one after a major life change, our team is ready to go the extra mile to protect what matters most to you.
Why Choose the Law Office of Andrew Bryant for Your Colorado Springs Will?
Not every law firm treats estate planning with the personal attention it deserves. We do. When you work with us, you are not just another file on a desk. You are a person with a family, a legacy, and goals that deserve to be honored.
Here is what sets us apart:
- A reputation built on results. We have been named to The Gazette’s Best of the Springs list six of the last eight years and hold an AV Preeminent rating from Martindale-Hubbell, one of the highest distinctions in the legal profession.
- A partnership approach. We do not make decisions for you. We work alongside you to understand your priorities and build an estate plan that reflects them.
- Deep roots in the Colorado Springs community. Our relationships with local judges, attorneys, and legal professionals help us handle your legal matters efficiently and effectively.
- Compassionate, straightforward guidance. Estate planning can bring up difficult emotions. We walk our clients through every step with patience and honesty, making sure you understand every document you sign.
When something as important as your family’s future is on the line, you want an experienced wills attorney in Colorado Springs who is aggressive in protecting your interests and genuinely invested in your well-being. That is what you will find here.
What Is a Will and Why Does It Matter?
A will, sometimes called a “last will and testament,” is a legal document that spells out your wishes for what happens to your property, finances, and dependents after you pass away. It is one of the most foundational pieces of any estate plan.
Under Colorado Revised Statutes § 15-11-502, a valid will in Colorado must meet a few basic requirements:
- You must be at least 18 years old.
- You must be of sound mind, meaning you understand what you are doing and the effect it will have.
- The will must be signed by you (or by someone else at your direction) and witnessed by at least two individuals.
Colorado also recognizes holographic wills, which are handwritten and signed by the person making the will, even without witnesses. However, relying on a handwritten will without legal guidance can lead to disputes or confusion down the road.
A properly drafted will does more than just divide up property. It gives your family clarity during one of the hardest times of their lives and helps prevent costly legal battles.
What Happens If You Die Without a Will in Colorado?
When someone passes away without a will, the legal term for that is dying “intestate.” In Colorado, intestate succession laws determine who inherits your assets, and the outcome might surprise you.
Under Colorado’s intestate succession statute (C.R.S. § 15-11-102), distribution generally follows this order:
- If you have a surviving spouse and no descendants (children or grandchildren), your spouse inherits everything.
- If you have a surviving spouse and descendants who are also your spouse’s descendants, your spouse typically inherits the entire estate, though exceptions apply depending on whether your spouse has other descendants.
- If you have descendants but no spouse, your children inherit everything, split equally.
- If you have no spouse and no descendants, your assets pass to your parents, then siblings, and so on down the line of relatives.
The state does not consider close friends, unmarried partners, stepchildren, or charitable organizations you care about. If none of those legal heirs exist, your estate could ultimately go to the State of Colorado.
Creating a will is the simplest way to make sure the people and causes you care about are taken care of according to your wishes, not a default formula.
Key Elements Every Colorado Springs Will Should Include
A strong will covers more ground than most people expect. Here are the core components we help our clients address:
- Asset distribution. This is the heart of the will. You decide who receives your home, bank accounts, vehicles, personal belongings, investments, and any other property you own. For families in neighborhoods like Broadmoor, Briargate, or Old Colorado City, real estate alone can make this section critical.
- Naming an executor. Your executor (sometimes called a “personal representative” in Colorado) is the person responsible for carrying out the instructions in your will. This includes paying debts, filing taxes, and distributing assets. Choosing someone trustworthy and organized is essential.
- Guardianship for minor children. If you have children under 18, your will is where you name the person you want to raise them if something happens to you. Without this designation, a court will make that decision.
- Specific bequests. These are gifts of particular items to particular people. Maybe you want your grandfather’s watch to go to your oldest child or a donation made to a Colorado Springs organization that is close to your heart.
- Residuary clause. This catch-all provision covers anything not specifically mentioned elsewhere in the will, making sure nothing falls through the cracks.
Each of these elements works together to create a complete picture of your intentions. Leaving any of them out can create gaps that lead to confusion or disputes among your loved ones.
When Should You Update Your Will?
Writing a will is not a one-and-done task. Life changes, and your will should change with it. We recommend reviewing your will any time a significant event occurs, including:
- Marriage or divorce. Colorado law may automatically revoke provisions that benefit a former spouse, but you should not leave that to chance. A new marriage also means new responsibilities and rights that your will should reflect.
- Birth or adoption of a child. Every new addition to your family is a reason to revisit guardianship designations and asset distribution.
- Purchasing or selling major assets. Buying a home near Garden of the Gods or selling a family business changes what your estate looks like and what your will needs to cover.
- Death of a beneficiary or executor. If someone named in your will passes before you do, the document needs to be updated to reflect a new plan.
- Moving to or from Colorado. Estate laws vary by state. If you recently moved to the Colorado Springs area, having a local wills attorney review your documents can help confirm everything meets Colorado’s requirements.
Keeping your will current protects your family from unnecessary legal hurdles during an already difficult time.
Wills vs. Trusts: Which One Do You Need?
One of the most common questions we hear from clients is whether they need a will, a trust, or both. The answer depends on your goals and circumstances.
A will goes into effect after you pass away and must go through probate, which is the court-supervised process of validating the document and distributing assets. Probate in Colorado is generally more streamlined than in some other states, but it still takes time and involves court fees.
A trust, on the other hand, can take effect while you are still alive. Assets placed in a trust typically bypass probate entirely, which can save your family both time and money. Trusts also offer more privacy, since they do not become part of the public record.
For many families, the best approach is a combination of both. A will handles guardianship designations and any assets not placed in the trust, while the trust manages the bulk of the estate.
During your consultation, we will talk through your specific situation and help you understand which tools make the most sense for your family. There is no one-size-fits-all answer, and we believe in building a plan that fits your life.
The Cost of Waiting
It is easy to put off writing a will. Most people assume they have plenty of time or that their estate is too small to worry about. But unexpected events do not wait for the right moment, and the consequences of having no plan in place can be significant.
Without a will:
- Your family may face lengthy and expensive court proceedings.
- Loved ones could end up in disputes over who gets what.
- A judge, not you, decides who raises your children.
- Assets you wanted to go to specific people may end up somewhere else entirely.
Taking the time to sit down with a Colorado Springs wills lawyer now can spare your family from stress, conflict, and financial strain later. It is one of the most straightforward steps you can take to show the people in your life that you care about their future.
FAQs for Why You Should Consider a Colorado Springs Wills Attorney
Here are some of the questions we frequently hear from people considering a will for the first time or updating an existing one.
How much does it cost to have a will drafted in Colorado Springs?
The cost varies depending on the complexity of your estate and your specific needs. A simple will for an individual is generally less expensive than a comprehensive estate plan for a couple with children and multiple properties. During a consultation, we can give you a clear picture of what to expect.
Can I write my own will without an attorney in Colorado?
Technically, yes. Colorado recognizes both witnessed and holographic (handwritten) wills. However, errors in language or execution can lead to portions of the will being thrown out or challenged. Working with a Colorado Springs wills lawyer helps make sure the document holds up when it matters most.
What is the difference between an executor and a personal representative?
In Colorado, the person responsible for administering your estate is called a personal representative. This is the same role other states refer to as an executor. They handle everything from paying outstanding debts to distributing your assets according to the will.
Do I need witnesses for my will to be valid in Colorado?
For a standard will, yes. Colorado requires at least two witnesses who observe you sign the will or hear you acknowledge your signature. A notarized will can be made “self-proving,” which simplifies the probate process later.
What happens to my digital accounts and online assets when I pass away?
Digital assets like social media accounts, email, cryptocurrency, and online financial accounts are increasingly important parts of an estate. You can include instructions in your will about who should have access to and control over these accounts. Colorado’s adoption of the Revised Uniform Fiduciary Access to Digital Assets Act (C.R.S. § 15-1-1501 et seq.) provides a framework for how digital assets are handled.
Can a will be contested in Colorado?
Yes. A will can be challenged on grounds such as lack of mental capacity, undue influence, or failure to meet Colorado’s formal requirements. Having an attorney draft your will and properly oversee its execution significantly reduces the likelihood of a successful challenge.
Does a will cover all of my assets?
Not necessarily. Certain assets pass outside of a will, including retirement accounts with named beneficiaries, life insurance policies, and jointly held property. A thorough estate plan takes all of these into account to avoid gaps.
Protect Your Family’s Future with a Colorado Springs Wills Attorney
Your family deserves the peace of mind that comes with knowing your wishes are documented and legally protected. Whether you are starting from scratch or need to update a plan that no longer fits your life, we are here to help.
At The Law Office of Andrew Bryant, we take the time to understand your goals, answer your questions in plain language, and build a plan that works for your family. We are proud to serve the Colorado Springs community, and we are ready to put that commitment to work for you.
Call our office today to schedule a consultation. Let’s take this important step together.
