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This post addresses a topic that can be pretty sensitive but is essential to understand: contesting a will in Colorado. We’ll also touch on some key Colorado Revised Statutes (C.R.S.) that pertain to this process.
Contesting a will means challenging its validity in court. This usually happens when someone believes the will doesn’t reflect the true intentions of the deceased person (the decedent).
In Colorado, only “interested parties” can contest a will. An “interested party” is anyone who would inherit from the decedent under Colorado law if there was no will or someone named as a beneficiary in the current or a previous will.
A will can’t be contested just because someone thinks it’s unfair. There must be a valid legal reason. Here are some common grounds for contesting a will in Colorado:
You must submit a petition to the probate court to contest a will. This petition explains why you’re objecting to the will. You also need to provide evidence showing your relationship with the decedent and how you stand to gain from prevailing on your claims.
These sections of the Colorado Revised Statutes deal with formal testacy proceedings. They outline the process for proving the validity of a will in court.
This section defines an “interested person” in the context of Colorado probate law. As mentioned earlier, only an “interested person” can contest a will in Colorado.
Remember, contesting a will is a serious legal action that can cost a lot of time and money, not to mention family harmony. If you’re considering it, consulting with an attorney specializing in probate and trust administration is a good idea. They can guide you through the process and help you understand your rights and options.
If you think you might either need to contest or defend a will in probate, you can:
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