Colorado charges no state estate tax and no inheritance tax, so most families only need to plan around the federal estate tax, which applies above $15 million per person in 2026. Colorado also offers a will execution option most states do not: acknowledging your signature before a notary instead of using witnesses.
A complete Colorado estate plan usually includes a will, a durable power of attorney, and an advance health care directive, with a trust added when someone wants to avoid probate or manage property for a minor. FastWill's online will builder supports Colorado's witnessed and notarized will options so you can pick whichever is more practical.
Does Colorado Have an Estate Tax or Inheritance Tax
No. Colorado imposes neither a state estate tax nor a state inheritance tax on residents. The only tax that can reach a Colorado estate is the federal estate tax, which applies only above the federal exemption of $15 million per person in 2026. For the overwhelming majority of Colorado households, that means no estate tax planning is necessary at all beyond keeping documents current.
How to Make a Valid Will in Colorado
Under Colorado Revised Statutes 15-11-502, a will must be signed by the testator and either signed by two witnesses within a reasonable time of witnessing the signing, or acknowledged by the testator before a notary public. Colorado does not require the testator to sign in front of the witnesses or to formally declare the document is a will, and witnesses do not need to sign in each other's presence, which gives more flexibility than many other states. Colorado also recognizes holographic wills if the signature and material provisions are in the testator's handwriting.
- Be 18 or older and of sound mind
- Sign the will yourself or acknowledge your signature to witnesses or a notary
- Have two witnesses sign, or have your signature notarized instead
- Name a personal representative (Colorado's term for executor) and a guardian for minor children
What Happens if You Die Without a Will in Colorado
Colorado intestacy law generally gives a surviving spouse the entire estate if you have no children, or if all your children are also the spouse's children. If you have children from outside that marriage, the estate is split between the spouse and children under a statutory formula that can surprise blended families. As in most states, unmarried partners and friends inherit nothing under Colorado intestacy, regardless of the relationship.
Trusts and Probate in Colorado
Colorado offers both informal and formal probate, and an uncontested informal probate can move relatively efficiently through the court system. A revocable living trust still has value for Coloradans who own property in more than one state, want privacy, or want a smoother path for a blended family, since trust assets bypass probate entirely. Colorado law also allows beneficiary deeds, which let real estate transfer directly to a named person at death without probate.
Many Colorado households are well served by a will paired with beneficiary designations and a beneficiary deed for the home. If you are deciding between a trust and a simpler plan, our guide to the difference between a will and a trust lays out the tradeoffs.
Powers of Attorney and Health Care Decisions
Colorado recognizes both durable and springing financial powers of attorney. A durable power of attorney takes effect immediately and remains valid through incapacity, while a springing power of attorney only activates once incapacity is documented, which can add delay. An advance directive (sometimes split into a living will and a medical power of attorney) lets you record your treatment preferences and name someone to make health care decisions if you are unable to.
If you have recently moved to or from Colorado, our guide on updating your will, trust, and power of attorney after a move explains what to review first.
Frequently Asked Questions
Can a Colorado will be notarized instead of witnessed
Yes. Colorado is one of the few states that allows a will to be validated by having the testator acknowledge their signature before a notary public instead of using two witnesses.
Do Colorado witnesses need to sign together
No. Colorado does not require the testator to sign in front of witnesses or the witnesses to sign together, which is more flexible than the rule in many other states.
Does Colorado have an inheritance tax
No. Colorado has no state inheritance tax and no state estate tax.
What is a beneficiary deed in Colorado
It is a deed recorded during your lifetime that names who will receive a specific piece of real estate at your death, letting that property pass outside of probate.
What is a durable power of attorney in Colorado
It is a financial power of attorney that takes effect immediately and stays in effect even if you become incapacitated, as opposed to a springing power of attorney, which only activates once incapacity is proven.
Colorado gives you more flexibility than most states in how you execute a will, but the underlying planning still comes down to a will, the right powers of attorney, and a decision about whether a trust fits your situation. See FastWill's plans and pricing to compare your options.
