§ 15-11-504 — Self-proved will

Colorado § 15-11-504

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Intestate Succession and Wills

Text

(1) A will that is executed with attesting
witnesses may be simultaneously executed, attested, and made self-proved by
acknowledgment thereof by the testator and affidavits of the witnesses, each made
before an officer authorized to administer oaths under the laws of the state in which
execution occurs and evidenced by the officer's certificate, under official seal, in
substantially the following form:

I, _______________, the testator, sign my name to this instrument this ____
day of _______, and being first duly sworn, do hereby declare to the undersigned
authority that I sign and execute this instrument as my will and that I sign it
willingly (or willingly direct another to sign for me), that I execute it as my free and
voluntary act for the purposes therein expressed, and that I am eighteen years of
age or older, of sound mind, and under no constraint or undue influence.

____________________________________

Testator

We, _______________, _______________ the witnesses, sign our names to this
instrument, being first duly sworn, and do hereby declare to the undersigned
authority that the testator signs and executes this instrument as [his] [her] will and
that [he] [she] signs it willingly (or willingly directs another to sign for [him] [her]),
and that [he] [she] executes it as [his] [her] free and voluntary act for the purposes
therein expressed, and that each of us, in the conscious presence of the testator,
hereby signs this will as witness to the testator's signing, and that to the best of our
knowledge the testator is eighteen years of age or older, of sound mind, and under
no constraint or undue influence.

____________________________________

Witness

____________________________________

Witness

THE STATE OF __________________

COUNTY OF _____________________

Subscribed, sworn to and acknowledged before me by _______________, the
testator, and subscribed and sworn to before me by _______________ and
_______________, witnesses, this _____ day of _______, ____.

(SEAL)

(SIGNED)____________________________________

____________________________________

(Official capacity of officer)

(2) A will that is executed with attesting witnesses may be made self-proved
at any time after its execution by the acknowledgment thereof by the testator and
the affidavits of the witnesses, each made before an officer authorized to
administer oaths under the laws of the state in which the acknowledgment occurs
and evidenced by the officer's certificate, under the official seal, attached or
annexed to the will in substantially the following form:

THE STATE OF __________________

COUNTY OF _____________________

We, _____________, ____________, and _____________, the testator and the
witnesses, respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority
that the testator signed and executed the instrument as the testator's will and that
[he] [she] had signed willingly (or willingly directed another to sign for [him] [her]),
and that [he] [she] executed it as [his] [her] free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the conscious presence of the
testator, signed the will as witness and that to the best of [his] [her] knowledge the
testator was at that time eighteen years of age or older, of sound mind, and under
no constraint or undue influence.

____________________________________

Testator

____________________________________

Witness

____________________________________

Witness

Subscribed, sworn to, and acknowledged before me by , the testator,
and subscribed and sworn to before me by and , witnesses, this day of , .

(SEAL)

(SIGNED)____________________________________

____________________________________

(Official capacity of officer)

(3) A signature affixed to a self-proving affidavit attached to a will is
considered a signature affixed to the will if necessary to prove the will's due
execution.

Legislative History

Source: L. 94: Entire part R&RE, p. 998, � 3, effective July 1, 1995. L. 2001: (2) amended, p. 887, � 3, effective June 1. L. 2009: (1) and (2) amended, (HB 09-1287), ch. 310, p. 1683, � 13, effective July 1, 2010.