(1) Except as otherwise provided in subsection (2) of this section and in sections 15-11-503, 15-11-506, and 15-11-513, a will shall be:
(a) In writing;
(b) Signed by the testator, or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and
(c) Either:
(I) Signed by at least two individuals, either prior to or after the testator's death, each of whom signed within a reasonable time after he or she witnessed either the testator's signing of the will as described in paragraph (b) of this subsection (1) or the testator's acknowledgment of that signature or acknowledgment of the will; or
(II) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.
(2) A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
(3) Intent that the document constitute the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.
(4) For purposes of this section, "conscious presence" requires physical proximity to the testator but not necessarily within testator's line of sight.
(5) For purposes of this part 5, "will" does not include a designated beneficiary agreement that is executed pursuant to article 22 of this title.
Source: L. 94: Entire part R&RE, p. 997, § 3, effective July 1, 1995. L. 2001: (1)(c) amended, p. 886, § 1, effective June 1. L. 2009: (1) amended, (HB 09-1287), ch. 310, p. 1683, § 12, effective July 1, 2010. L. 2010: (5) added, (SB 10-199), ch. 374, p. 1750, § 9, effective July 1. Editor's note: This section is similar to former §§ 15-11-502 and 15-11-503 as they existed prior to 1995.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.
Notes of Decisions
Cited in
21
cases (
4 in the last 5 years), 1978–2026 · leading case:
In Re Est. of Wiltfong, 148 P.3d 465 (Colo. Ct. App. 2006).
In Re Est. of Wiltfong, 148 P.3d 465 (Colo. Ct. App. 2006).
· cites it 18× “Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
Matter of Est. of Royal, 826 P.2d 1236 (Colo. 1992).
· cites it 16× “II Section 15-11-502, 6B C.R.S. (1987), addresses the signature requirements for both the testator and the witnesses: [E]very will shall be in writing signed by the testator or in the testator's name by some other person in the testator's presence and by his direction, and shall…”
In Re Est. of Schumacher, 253 P.3d 1280 (Colo. Ct. App. 2011).
· cites it 15× “Section 15-11-502, C.R.S.2010, sets forth the formalities when executing a document as a will.”
In Re Est. of Sky Dancer, 13 P.3d 1231 (Colo. Ct. App. 2000).
· cites it 11× “This provision states: Although a will was not executed in compliance with section 15-11-502, the will is treated as if it had been executed in compliance with that section if the proponent of the will establishes by clear and convincing evidence that the decedent intended the…”
Matter of Est. of Royal, 813 P.2d 790 (Colo. Ct. App. 1991).
· cites it 9× “In entering that judgment, the trial court ruled that because the instrument did not bear signatures of attesting witnesses and was not a holographic will, it was not duly executed in accordance with § 15-11-502, C.R.S. (1987 Repl.Vol. 6B). We affirm, but on different grounds.”
People v. Grant, 30 P.3d 667 (Colo. Ct. App. 2001).
· cites it 3× “1999 (search warrant affidavit may include sworn testimony reduced to writing and signed under oath); § 15-11-502, C.R.S.1999 (a will must be reduced to writing and signed by the testator, or by someone in his presence and under his direction); § 38-22-109(2), C.”
Grant v. People, 48 P.3d 543 (Colo. 2002).
“(2001)(waiver of statutory right to speedy trial and agreement to continuance must be signed by the defendant); § 15-11-502, 5 C.R.S. (2001)(a will must be reduced to writing and signed by the testator); § 38-10-108, 10 C.”
Breeden v. Stone, 992 P.2d 1167 (Colo. 2000).
· cites it 2× “In particular, McSpadden testified that at a March 14, 1996 lunch meeting, the decedent told him that he intended to leave his estate to McSpadden and Respondent. 6 . We granted certiorari on the following issues: (1) Whether the court of appeals improperly applied the "Insane…”
Matter of Est. of Fegley, 589 P.2d 80 (Colo. Ct. App. 1978).
· cites it 3× “Fegley, being of sound mind and disposing memory, declare this instrument to be my last will and testament.”
Matter of Est. of Grobman, 635 P.2d 231 (Colo. Ct. App. 1981).
· cites it 2× “PRIMA FACIE PROOF OF A HOLOGRAPHIC WILL A will which does not comply with the requirements for execution of wills set out in § 15-11-502, C.R.S.1973, may nevertheless be valid as a holographic will “whether or not witnessed, if the signature and the material provisions are in…”
Rex v. Tovrea, 148 P.3d 465 (Colo. Ct. App. 2006).
· cites it 14× “Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
In Re Est. of Evarts, 166 P.3d 161 (Colo. Ct. App. 2007).
· cites it 5× “2006, permits the probate of wills that are flawed in execution under § 15-11-502. In re Estate of Wiltfong, supra, 148 P.”
— Colo. Rev. Stat. § 15-11-502(1) — 9 cases
In Re Est. of Wiltfong, 148 P.3d 465 (Colo. Ct. App. 2006).
“Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
In Re Est. of Sky Dancer, 13 P.3d 1231 (Colo. Ct. App. 2000).
“This provision states: Although a will was not executed in compliance with section 15-11-502, the will is treated as if it had been executed in compliance with that section if the proponent of the will establishes by clear and convincing evidence that the decedent intended the…”
In Re Est. of Evarts, 166 P.3d 161 (Colo. Ct. App. 2007).
“2006, permits the probate of wills that are flawed in execution under § 15-11-502. In re Estate of Wiltfong, supra, 148 P.”
Rex v. Tovrea, 148 P.3d 465 (Colo. Ct. App. 2006).
“Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
— Colo. Rev. Stat. § 15-11-502(1)(a) — 1 case
— Colo. Rev. Stat. § 15-11-502(2) — 8 cases
In Re Est. of Wiltfong, 148 P.3d 465 (Colo. Ct. App. 2006).
“Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
In Re Est. of Sky Dancer, 13 P.3d 1231 (Colo. Ct. App. 2000).
“This provision states: Although a will was not executed in compliance with section 15-11-502, the will is treated as if it had been executed in compliance with that section if the proponent of the will establishes by clear and convincing evidence that the decedent intended the…”
In Re Est. of Evarts, 166 P.3d 161 (Colo. Ct. App. 2007).
“2006, permits the probate of wills that are flawed in execution under § 15-11-502. In re Estate of Wiltfong, supra, 148 P.”
Rex v. Tovrea, 148 P.3d 465 (Colo. Ct. App. 2006).
“Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
— Colo. Rev. Stat. § 15-11-502(3) — 5 cases
In Re Est. of Wiltfong, 148 P.3d 465 (Colo. Ct. App. 2006).
“Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
In Re Est. of Schumacher, 253 P.3d 1280 (Colo. Ct. App. 2011).
“Section 15-11-502, C.R.S.2010, sets forth the formalities when executing a document as a will.”
Rex v. Tovrea, 148 P.3d 465 (Colo. Ct. App. 2006).
“Sections 15-11-503(1) states: Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing…”
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