§ 15-11-1305. Execution of Electronic Will

1. Subject to section 15-11-1308 (4), and except as provided in section 15-11-1306, an electronic will must be:
   1. A record that is readable as text at the time of signing under subsection (1)(b) of this section;
   2. Signed by:
      1. The testator; or
      2. Another individual in the testator’s name, in the testator’s physical presence, and by the testator’s direction; and
   3. Either:
      1. Signed in the physical or electronic presence of the testator by at least two individuals, each of whom is a resident of a state and physically located in a state at the time of signing and within a reasonable time after witnessing:
         1. The signing of the will under subsection (1)(b) of this section; or
         2. The testator’s acknowledgment of the signing of the will under subsection (1)(b) of this section or acknowledgment of the will; or
      2. Acknowledged by the testator before and 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.
2. Intent of a testator that the record under subsection (1)(a) of this section be the testator’s electronic will may be established by extrinsic evidence.

Source: L. 2021: Entire part added with relocations, (SB 21-266), ch. 423, p. 2797, § 11, effective July 2.