Date:
November 3, 2025
Author:
Anastasia Fainberg
/
Founder & Managing Partner
The Hidden Risk Behind “Quick and Easy” Wills
“Create your will in minutes.”
“Skip the lawyer, save thousands.”
“Protect your family today.”
It sounds like the responsible thing to do, quick, inexpensive, and modern. But in Colorado, most DIY and online wills don’t hold up when families need them most.
Every week, we meet clients who thought they had checked the box. They filled out an online form, signed electronically, and filed it away. But when the time comes to use that will, Colorado’s probate court finds it invalid, and the family faces the very thing they were trying to avoid:
- Months of court delay
- Thousands in legal fees
- Painful conflict between family members
The truth is simple: an invalid will is no will at all. And a “free” or $99 document can cost your loved ones everything.
This article walks through why online wills fail in Colorado, how to recognize the red flags, and what a legally sound plan really looks like, so your intentions are honored when it matters most.
Why DIY Wills Create False Security
Most people turn to DIY platforms out of good intentions, not neglect. They want to save money, protect their family, and feel prepared. But these templates are built for convenience, not compliance.
Here’s what we see again and again in Colorado:
- A parent downloads a national template and signs online.
- The document looks official, even notarized.
- But in court, the judge asks key questions:
- Were two witnesses physically or electronically present at signing?
- Was the notary authorized under Colorado’s Remote Online Notarization Act?
- Was the file stored in a tamper-proof way?
If the answer to any of those questions is “no,” the document fails.
And when that happens, the estate falls into intestacy, the default system Colorado uses when someone dies without a valid will. Intestacy doesn’t care what you said or meant. It follows formulas, not families.
Case Study: Emily (Denver)
Emily was a single mother who owned a home in Highlands Ranch and two savings accounts. She used an online service to create her will. She listed her two daughters as beneficiaries and thought she was covered.
When she passed away suddenly, her daughters presented the electronic will to the court. It was rejected. No witnesses had been present. The “notarization” was just a digital stamp from an out-of-state platform. Because Colorado’s strict e-will requirements weren’t met, the court treated it as if no will existed.
The result:
- The estate went through full probate.
- Her home couldn’t be sold for nearly 10 months.
- Legal fees exceeded $9,000.
- One daughter felt unfairly treated and stopped speaking to her sister.
The worst part? Emily’s intentions were clear, but the law couldn’t honor them.
The Legal Reality: Colorado’s Formalities Exist to Protect You
Colorado’s will laws aren’t arbitrary. They exist to protect against fraud, coercion, and confusion.
Under the Uniform Electronic Wills Act, adopted in 2021, a will can be signed electronically only if these strict rules are followed:
- Proper Execution: The testator must sign the will in front of two competent witnesses (physically or through approved live technology) or before a notary public.
- Remote Notarization Requirements: Colorado notaries must use approved video software, verify identity through ID checks, and keep the video record for at least 10 years.
- Electronic Presence: Witnesses or the notary must see and hear the signer in real time. Emailing or signing at different times doesn’t qualify.
- Document Integrity: The will must be stored in a secure, tamper-proof format. Sending a PDF to your inbox or saving it to Google Drive isn’t enough.
If any of these pieces are missing, the will can be struck down. And when that happens, the family starts over, often in grief and shock.
Learn more about compliant will execution here Denver Will Attorney.
Colorado Court Reality Check: What Happens When a Will Fails
When a defective will reaches probate, the process becomes painful and public. Here’s what happens step-by-step:
- The court reviews the document. If execution or notarization is questionable, the judge orders additional evidence.
- Witnesses are called to testify, often long after the fact, about how and where the will was signed.
- The opposing side objects. Heirs who feel excluded can challenge validity.
- The estate is frozen. Property sales, account access, and distributions stop until the dispute resolves.
- Court costs rise. What began as a $0 download becomes a $15,000-$20,000 probate ordeal.
In other words: the shortcut takes longer.
Common Misconceptions
Myth #1: “Something is better than nothing.”
Actually, no. A defective will can delay probate longer than no will at all. When there’s no valid plan, Colorado’s intestacy code provides a clear (though impersonal) roadmap. When a will is invalid, the court must first litigate whether it even counts.
Myth #2: “DocuSign makes it legal.”
DocuSign and similar platforms are excellent for business contracts. But they do not meet Colorado’s legal standards for wills unless they include identity proofing, witness participation, and secure recording, which they typically don’t.
Myth #3: “A notary stamp equals compliance.”
Colorado’s remote-notary law requires continuous video, recorded sessions, and ID verification. A digital seal from an unverified notary isn’t enough.
Myth #4: “My will covers everything.”
Even a valid will won’t override beneficiary designations or joint ownership. If your life insurance or 401(k) lists an outdated beneficiary, that person receives the funds, regardless of your will.
Where DIY Wills Most Often Go Wrong
Even well-meaning families make the same three mistakes:
- Out-of-State Templates
Most online forms are drafted for national use. Colorado’s witness and notarization laws differ from almost every other state. - Improper Execution
A friend “witnessing” after the fact, or a remote notary from another state, invalidates the document. - Misaligned Assets
Wills do not retitle property. If your home deed, bank accounts, or business interests aren’t aligned with the plan, the will can’t control them.
Remember: designations override wills. - No Storage Security
A printed copy in a desk drawer or a PDF on your laptop can disappear or be disputed. Colorado requires tamper-proof preservation.
Side-by-Side: No Plan vs. DIY Will vs. Legally Sound Estate Plan
The Emotional Cost of “Easy”
The legal problem is only half the story. The deeper damage comes from emotional fallout.
Families who thought they were prepared feel blind sided. Children discover that the “official-looking” document their parents left is meaningless. Grief quickly turns into guilt and conflict.
These cases often end with someone saying:
“They thought they were doing the right thing.”
That sentence, and the regret behind it, is what drives us to educate families before it’s too late.
Why This Really Matters
Estate planning isn’t about documents. It’s about people. A valid plan is the bridge between your intentions and your family’s peace of mind. Colorado’s strict requirements are not obstacles, they are protections. They ensure no one can manipulate your will, question your signature, or alter your wishes.
At Legacy Law Group, we remind families: A plan that fails in court fails your family. That’s why every estate plan we build is checked, witnessed, recorded, and stored in compliance with Colorado law, so your promises hold their power.
How to Start (or Fix) Your Plan
- Locate your existing documents.
Gather your will, power of attorney, trust (if any), and beneficiary statements. - Confirm Colorado compliance.
Look for witness names, notarization details, and storage information. - Align your assets.
Check that your home deed, bank accounts, and life insurance all match your plan. - Secure proper storage.
Ensure your documents are preserved in both physical and digital formats that prevent alteration. - Schedule a professional review.
Even if you used an online service, a quick legal review can validate or update your plan correctly. - Join a maintenance program.
Legacy Law’s Client Care Program provides annual updates, flat fees, and peace of mind that your plan still works.
FAQs
Is an electronic will legal in Colorado?
Yes, if it meets every requirement under the Uniform Electronic Wills Act and remote-notary law.
How many witnesses do I need?
Two competent adults must witness your signing in real time (in person or through approved technology), unless a notary performs the ceremony under Colorado’s authorized RON system.
Can my out-of-state will be used in Colorado?
Not always. A will valid elsewhere may fail here if it wasn’t executed under similar rules. Colorado requires adherence to its own witnessing or notarization standards.
How long does probate take if my will is invalid?
Even simple cases can stretch 6-12 months. Disputes often double that timeline.
Can I just attach a notarized statement later?
No. Execution must occur correctly at the time of signing, not after. “Fixing” a defective will later isn’t possible.
Does my spouse automatically inherit everything?
Not necessarily. Under Colorado law, stepchildren, prior marriages, and separate property can all change distribution.
Can I make my own handwritten will?
Yes, Colorado allows “holographic” wills, but they must be entirely in your handwriting, dated, and signed. Even then, they often lead to confusion or litigation.
What’s the safest digital option?
A fully compliant, attorney-supervised e-will that includes verified identity proofing, witness presence, and secure video record.
What happens to my digital assets (emails, passwords, crypto)?
These must be addressed separately through digital asset directives or trust provisions. Generic wills usually ignore them.
How often should I update my plan?
At least every three years, or after major life changes, marriage, divorce, birth, home purchase, or relocation.
Can a trust avoid probate entirely?
Yes, but only if it’s properly funded. A trust without titled assets is just paper.
What’s the average cost of probate in Colorado?
For a typical Denver estate, legal fees range from $5,000-$10,000, plus months of delay. Avoidable with correct planning.
Closing Reflection
The rise of online wills shows something positive: Coloradans care deeply about protecting their families. But estate planning isn’t a transaction, it’s a commitment.
A $99 form might look like peace of mind, but it often delivers the opposite. Colorado law gives you the freedom to plan electronically, but not casually. The process still requires care, witnesses, and secure preservation.
A valid will isn’t about technology, it’s about trust. It’s about creating a plan that will stand when you no longer can.
So if you’ve relied on an online template, take this as a gentle invitation to review, confirm, and correct. Your family deserves certainty, not a court battle.
Don’t leave your legacy to chance. Schedule your free consultation with Legacy Law Group Colorado today and take the first step toward lasting protection and peace of mind.
