When a loved one passes away, handling their last will and testament is crucial in honoring their final wishes. In Colorado, the law is clear about the responsibilities of the person in possession of the will, known as the custodian. Here’s a simplified breakdown of what the law requires:

• Prompt Delivery: The custodian must deliver the will to the appropriate probate court within ten days of the testator’s death or as soon as they become aware.
  
  
• Correct Court: If the deceased was a Colorado resident, the will goes to the court in the county where they lived. If not, it should be sent to the court in the county where they owned property.
  
  
• Unknown Details: When the custodian doesn’t know where the deceased lived or owned property, or if an out-of-state court refuses the will, it should be sent to the court in the county where the will was found.
  
  
• Court’s Role: A court with the will must lodge it in its records upon learning of the death.
  
  

This process ensures that the will is recorded correctly and can be followed according to the testator’s intentions.

As specialists in probate and trust administration, we will guide you through these steps and ensure your loved one’s legacy is preserved. If you’re holding a will or are involved in the probate process, feel free to reach out for professional assistance. Remember, failing to comply with these duties can lead to legal consequences, so acting promptly and correctly is essential.