2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 90 - Witnesses
Part 1 - General Provisions
§ 13-90-109. Estates of Deceased Persons, Infants, and Persons Who Have Been Declared Mentally Incompetent

Nothing in this article 90 in any manner affects the laws now existing relating to the settlement of estates of deceased persons, infants, or persons who have been declared mentally incompetent or to the acknowledgment or proof of deeds and other conveyances relating to real estate, in order to entitle the same to be recorded, or to the attestation of the execution of the last wills and testaments or of any other instrument required by law to be attested.

History. Source: L. 1870: P. 65, § 8. G.L. § 2958. G.S. § 3645. R.S. 08: § 7271. C.L. § 6560. CSA: C. 177, § 6. CRS 53: § 153-1-9. C.R.S. 1963: § 154-1-9. L. 75: Entire section amended, p. 925, § 20, effective July 1. L. 2017: Entire section amended,(HB 17-1046), ch. 50, p. 157, § 5, effective March 16. History. Source: L. 1870: P. 65, § 8. G.L. § 2958. G.S. § 3645. R.S. 08: § 7271. C.L. § 6560. CSA: C. 177, § 6. CRS 53: § 153-1-9. C.R.S. 1963: § 154-1-9. L. 75: Entire section amended, p. 925, § 20, effective July 1. L. 2017: Entire section amended,(HB 17-1046), ch. 50, p. 157, § 5, effective March 16.

Law reviews. For article, “One Year Review of Contracts”, see 34 Dicta 85 (1957).

Competency of attesting witnesses to a will is based on general competency to be a witness in court. It was argued that by virtue of this section, common-law disability is still in force in Colorado, but the court did not agree with this contention, holding competency of attesting witnesses to wills must be tested by the general law relating to competency of witnesses as provided by the statute, and not by the common law. The test is, whether under the statute, she would have been a competent witness in court, at the time of attesting the will, to testify to the facts of its execution. White v. Bower, 56 Colo. 575 , 136 P. 1053 (1913).