Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Confirm Will Validity Under Colorado Law
In Colorado, a valid will must be in writing, signed by the testator, and witnessed by two individuals present at the same time. See C.R.S. §15-11-502. If the will is self-proved (notarized with affidavits under oath), probate courts accept it without live witness testimony.
2. Locate the Appropriate Court and File a Petition
File a Petition for Probate of Will in the county where the decedent was domiciled at death. Colorado law sets venue in the decedent’s home county. See C.R.S. §15-12-201. Your petition must attach the original will (or a copy if the original is missing) and a death certificate.
3. Prove Execution of an Old or Lost Will
If the original will is lost, destroyed, or stolen, Colorado allows you to offer a copy and prove its authenticity through at least two credible witnesses with direct knowledge of its content and execution. See C.R.S. §15-10-402. Prepare affidavits from these witnesses describing the testator’s signature and attestation ceremony.
4. Provide Notice to Heirs and Interested Parties
After filing the petition, the court issues Letters Testamentary. You must notify all beneficiaries named in the will and heirs at law (if the will is contested or lost) and publish a notice to creditors in a local newspaper. See C.R.S. §15-12-801. This step protects the estate from undisclosed claims.
5. Attend the Probate Hearing
The court schedules a hearing to review the petition, examine witness testimony (for lost or contested wills), and confirm the will’s validity. If the judge approves, the court issues Letters Testamentary to the personal representative.
6. Administer the Estate
As the personal representative, you inventory assets, pay debts and taxes, and distribute property according to the will. File final accounting documents and a closing statement with the court. Colorado rules govern deadlines and creditor claims in Title 15, Article 12.
Helpful Hints
- Start with a certified death certificate from the Colorado Department of Public Health & Environment.
- Gather credible witnesses early—memories fade over decades.
- Maintain clear records of all filings, notices, and communications.
- Consult local court clerks for procedural forms and fee schedules.
- Consider hiring a probate attorney if the will’s validity is likely to be contested or if the estate is complex.