Colo. Rev. Stat. § 15-11-1308

Current through Chapter 123 of the 2024 Legislative Session

Section 15-11-1308 - Electronic will attested and made self-proving at time of execution

(1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.

(2) The acknowledgment and affidavits under subsection (1) of this section must be:

(a) Made in the physical presence of an officer authorized to administer oaths under law of the state in which the testator signs pursuant to section 15-11-1305 (1)(b) or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing pursuant to section 15-11-1305 (1)(b), in the physical or electronic presence of a notary public or other individual who is authorized by Colorado law to notarize records, and who is located in Colorado at the time the notarial act is performed; and

(b) Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.

(3) The acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:

I, ________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another to sign for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

____________________________________

Testator

We, _______, and _______, witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and 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

Certificate of officer:

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)

(4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this act is deemed a signature of the electronic will under section 15-11-1305 (1).

C.R.S. § 15-11-1308

Added by 2021 Ch. 423, § 11, eff. 7/2/2021.