Validating a last will and testament in Colorado means confirming that the document meets state law requirements so it can be accepted by the probate court after someone dies. If it’s not valid, the court won’t follow its instructions and instead, Colorado’s default inheritance rules apply. That could mean assets go to people the deceased didn’t intend, or delay distribution for months.

What makes a will valid in Colorado?

A will is valid in Colorado if it’s in writing, signed by the person making it (the testator), and witnessed by two people who watch the signing or acknowledge the testator’s signature while the testator is alive and mentally capable. Those witnesses must also sign the will, and they shouldn’t stand to inherit under it. Colorado does not require notarization, but adding a self-proving affidavit signed in front of a notary speeds up the court process later. You’ll find more detail on how this works in our full breakdown of how to validate a will in Colorado.

When does validation happen and who starts it?

Validation happens after death, during probate. It’s not something you file while the person is still living. The executor (or another interested person, like a beneficiary) files the will with the Colorado probate court in the county where the deceased lived. The court then reviews it to confirm it meets legal standards before allowing the estate administration to move forward. This step is required even if everyone agrees the will looks fine the judge must formally accept it.

What documents do you need to submit?

The original signed will is mandatory. Photocopies usually won’t be accepted unless the original is truly lost and you can prove it was destroyed accidentally not revoked. You’ll also need a certified copy of the death certificate, a petition for probate, and often a self-proving affidavit if one was included. A full list of what to gather is available in our guide to required documents for will validation in Colorado.

Common mistakes that cause delays or rejection

People sometimes assume signing alone is enough but Colorado requires two disinterested witnesses present at the same time. If one witness signs days later, or if both sign before the testator does, the will may be challenged. Another frequent issue: using a fill-in-the-blank form that doesn’t match Colorado’s statutory requirements, especially around witness statements or the self-proving affidavit language. Courts also reject wills when the testator lacked capacity at the time of signing even if they seemed fine earlier that day. Mental capacity is judged at the exact moment of execution.

How long does validation take in Colorado?

There’s no fixed timeline it depends on court workload, whether anyone contests the will, and how complete the filing is. Uncontested cases with proper paperwork often see the will admitted within a few weeks of filing. But if the court requests corrections or someone objects, it can stretch into months. Filing early and double-checking the Colorado probate court requirements for wills helps avoid back-and-forth.

What if the will gets rejected?

If the court finds the will invalid, the estate is treated as if there’s no will called “intestate.” Colorado law then decides who inherits based on family relationships: spouse first, then children, parents, siblings, and so on. That outcome can’t be undone just because the family “knows” what the person wanted. There’s no workaround once the court rules so getting things right the first time matters.

Next step: Prepare now, not later

If you’re helping an aging parent or drafting your own will, don’t wait until illness or crisis hits. Make sure the document is signed correctly, with two qualified witnesses, and consider adding a self-proving affidavit. Review the Colorado will validation process steps to understand what comes next and keep the original will in a safe, accessible place (not a safety deposit box the executor can’t open). For official guidance on Colorado’s probate laws, you can refer to the Colorado Judicial Branch’s probate forms page.

Before filing: Confirm the will is original, check that all signatures are dated and legible, verify witnesses aren’t beneficiaries, and ensure the self-proving affidavit (if used) matches current Colorado statute language.