Creating a will in Colorado has become more accessible thanks to the Colorado Uniform Electronic Wills Act (CUEWA), enacted in 2021. This law lets you draft, sign, and store your will electronically, offering a modern alternative to paper documents.
Requirements for a valid electronic will
To make your electronic will valid under Colorado law, it has to meet a few requirements. The document must be readable as text at the time you sign it. You also need to sign the will, or someone else can sign it for you, as long as it’s done in your presence and at your direction.
The law also requires either two witnesses or a notary. The witnesses must be present with you either physically or electronically when you sign, and they must both live in the United States. If you choose notarization instead, the notary must be authorized under Colorado law and located in Colorado at the time of the notarization. Both options give your electronic will the same legal weight as a traditional one.
Understanding electronic presence and remote notarization
The idea of “electronic presence” matters when signing a digital will. It means you and your witnesses or notary can be in different places but still interact in real time, like over a video call. This setup allows for the signing and witnessing of your will without needing to meet in person.
The state also allows remote online notarization. A notary can legally notarize your will during a video meeting, which is especially helpful if meeting face-to-face isn’t convenient or possible.
Revoking an electronic will
You can revoke your electronic will in more than one way. One option is to create a new will that clearly cancels the old one. Another is to intentionally delete the digital version of your will, showing that you want to revoke it. Either way, the action must clearly show that you no longer want the original will to stand.
Things to think about with digital wills
Electronic wills offer convenience, but they aren’t right for every situation. If you have a more complex estate or unique family dynamics, you may need a more detailed plan. You’ll also want to make sure the will is properly executed and safely stored so no one can challenge it later.