Will Amendments in Denver

Choosing Between a Codicil & a Replacement Will

An amendment to a will is called a codicil. It changes identified provisions while leaving the rest of the existing will in effect and must clearly identify both the will and the provisions being changed.

A replacement will may be more appropriate when revisions affect many provisions or prior amendments make the plan difficult to follow. Because the original will and all codicils are read together, multiple amendments can create uncertainty if they aren’t carefully coordinated.

The appropriate approach depends on the scope of the revisions and how they interact with the rest of the plan. After execution, the current codicil or replacement will should be retained with the controlling estate-planning records.

When to Review an Existing Will

We recommend reviewing a will every three to five years and after a major life event. A review doesn’t necessarily mean the document must change, but it allows you to confirm that the people, property, and instructions named in it remain appropriate.

Events that should prompt a review include:

• Marriage or divorce
• The birth or adoption of a child
• The death of a named beneficiary or executor
• A significant change in assets
• A move to a new state
• A change in a beneficiary’s needs or inheritance plan
• An executor, guardian, or other decision-maker becoming unable or inappropriate to serve

Will Updates After Divorce

Under Colorado law, divorce generally revokes will provisions benefiting a former spouse. We still recommend updating the will after divorce because the former spouse’s appointment as executor and other named roles require careful review rather than assumptions about how the document operates.

A review also provides an opportunity to reconsider beneficiaries, guardianship decisions, and related documents. These issues can be especially important when divorce or custody changes affect responsibilities involving children.

Colorado Rules for Executing & Lodging a Will

A valid Colorado will must be in writing and signed by the testator, meaning the person making the will. It may be signed before at least two witnesses who also sign, or the testator may acknowledge the will before a notary public without witnesses.

A self-proving affidavit is an optional sworn statement confirming that execution requirements were followed. Including one can simplify probate by reducing the need to establish the will’s validity through witness testimony.

Changes should be made through a formally executed codicil or new will, not by crossing out language or writing instructions directly on the original. Informal markings may create uncertainty about the intended change and whether the required execution steps were satisfied.

Colorado requires a decedent’s will to be lodged with the court that has probate jurisdiction where the person lived within 10 days after death. Lodging means delivering the will to the appropriate court for its records. The Denver Probate Court has exclusive jurisdiction over probate and estate settlement matters within the City and County of Denver.