Contesting a Will in Colorado: A Simple Guide
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.
What Does It Mean to Contest a Will?
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).
Who Can Contest a Will?
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.
Grounds for Contesting a 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:
- Improper Execution: The will wasn’t signed or witnessed correctly.
- Lack of Mental Capacity: The decedent wasn’t of sound mind when they made the will.
- Fraud: Someone lied to the decedent to get them to change the will.
- Undue Influence: Someone manipulated the decedent into changing the will.
How to Contest a Will
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.
Understanding C.R.S. §§ 15-12-401 - 404
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.
Understanding C.R.S. § 15-10-201(27)
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.
What next?
If you think you might either need to contest or defend a will in probate, you can:
- Call us at 720-821-7604 to schedule an "Attorney Evaluation Session" to determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
- Visit our estate litigation page to learn how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
- Learn more by reading our blog or watching our videos.
