What happens if a will wasn’t properly signed and is treated as invalid during probate in Colorado?

Short answer: If a will is found invalid in Colorado, the probate court will not distribute the estate under that will. Instead, the estate will be settled either under a valid alternative estate planning document or under Colorado’s intestacy rules (statute-based default rules for who inherits). You can often challenge the decision, seek to admit a different document, or pursue other court remedies — but time limits and formal procedures apply.

Detailed answer

This answer assumes you are starting with no legal experience. Below is a clear, step-by-step explanation of what typically happens when a will is treated as invalid during probate in Colorado, what options interested parties have, and what to expect in practice.

1. Why a will might be treated as invalid

A will can be declared invalid for procedural reasons: for example, it was not signed by the testator (the person who made the will), it lacks the required number of witnesses, or a signature was made by someone other than the testator without proper authorization.
A will can also be invalidated for substantive reasons: the testator lacked the required mental capacity when signing; the document was the product of fraud, coercion, or undue influence; or the signatures were forged.

2. Immediate probate effect if the court rules the will invalid

If the probate judge determines the document does not meet Colorado’s formal requirements for a valid will, the court will not admit that document to probate as a last will and testament. The estate then follows one of two paths:

If there is another valid will or codicil, the court will admit that valid document and distribute the estate according to it.
If no valid will exists, the estate is handled as an intestate estate and distributed according to Colorado’s intestacy rules (the statutory order of priority for heirs). Those rules typically prioritize a surviving spouse, then children, then more remote relatives, depending on the family situation.

3. How intestacy works in Colorado (basic overview)

When there is no valid will, Colorado’s probate statutes set a default order of who inherits and in what proportions. The exact shares depend on family structure (spouse only, spouse + children, children only, no spouse or children, etc.). To find the controlling statutes, consult the Colorado Revised Statutes for probate and intestacy (Title 15). The state website lists the statutes under Title 15: https://leg.colorado.gov/statutes (search for Title 15, “Probate, Trusts and Fiduciaries,” and the article on intestate succession).

4. Common procedures and remedies after a will is found invalid

Petition to admit a different document. If a copy of a will exists or there is another document (like a holographic will or an unsigned draft), interested persons may petition the court to admit that document, but the court requires proof of validity.
Reformation or correction. In limited situations, a court can correct or reform a will to reflect the testator’s intent if there was a scrivener’s error or similar mistake; however, reformation has strict standards and often requires clear and convincing evidence.
Will contest or appeal. Parties who disagree with the court’s ruling can file a will contest (if within the permitted timeframe) or seek appellate review. Time limits are strict, so act quickly.
Independent actions such as declaratory judgment. Interested persons can ask the court to issue a declaratory judgment about rights to property or to determine heirs and asset ownership outside of the contested will question.

5. Who can challenge invalidation and what are typical time limits

Persons with a financial interest in the estate (heirs, beneficiaries named in the disputed will, or creditors) generally have standing to challenge or defend the disposition. Colorado sets procedural deadlines for filing objections to probate and for bringing a will contest. Because deadlines vary by case type and the type of probate proceeding, anyone considering a challenge should consult court rules and act promptly. You can find general probate court information and forms on the Colorado Judicial Branch site: https://www.courts.state.co.us/.

6. Practical consequences for estate administration

Estate administration may slow down. Disputes about a will’s validity add time and increase costs: attorney fees, forensic document examination, and court time.
Assets may remain frozen. Banks and brokers often require clear probate direction before releasing funds or property, so distributions may be delayed while validity is resolved.
Potential changes in heirs and distribution. If the will is invalidated and no other valid will applies, property may pass under intestacy to relatives the testator did not intend to inherit.

7. What to do next (steps to take right away)

Preserve evidence: keep originals and copies of the contested will and any drafts or related documents (emails, handwritten notes, witness contact info).
Identify and notify potential heirs and interested parties as required by probate rule.
Consider dispute resolution: discuss whether mediation or settlement is possible before prolonged litigation.
Talk to an attorney experienced in Colorado probate and estate litigation. They can evaluate whether the will might be saved under doctrines like substantial compliance or whether a different document can be admitted.

Helpful hints

Do not destroy original documents. The probate court generally wants the original will or a certified copy if available.
Act quickly. Probate deadlines are short; missing a filing window can forfeit your right to challenge or defend the estate.
Gather witnesses. If witness testimony can prove the testator’s signature or capacity, collect contact details and written statements while memories are fresh.
Expect costs. Probate litigation can be expensive. Early settlement or mediation can save money and time.
Use official resources. For statutes and forms, start at Colorado’s official sites: Colorado General Assembly statutes at https://leg.colorado.gov/statutes (look under Title 15 for probate law) and the Colorado Judicial Branch at https://www.courts.state.co.us/ for probate forms and local court contacts.
When interviewing an attorney, bring the will, any drafts or related communications, names of witnesses, and a timeline of relevant events.

Where to get help: If you need legal advice or representation, contact a Colorado probate/estate attorney or the local probate court clerk for general procedural questions. The Colorado Bar Association and local county bar referral services can help you find counsel.

Disclaimer: This article explains general information about Colorado probate procedures and is not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, consult a licensed Colorado attorney.