How to Probate a Copy of a Will in Colorado Without It Being Presumed Revoked

Short answer: If the original will cannot be produced, you must file a petition in the appropriate Colorado probate court and present strong evidence that (1) the will was properly executed, (2) the original is missing for a reason other than revocation (for example, it was lost or destroyed accidentally), and (3) the testator did not revoke the will. Courts will often require clear and convincing evidence when admitting a copy of a will in place of the original. See Colorado Revised Statutes, Title 15 (Estates, Probate, and Trusts) for general probate law: https://leg.colorado.gov/laws/revised-statutes/title-15-estates-probate-and-trusts.

Disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. For help with a specific case, contact a licensed Colorado attorney who handles probate matters.

Detailed answer — steps and legal issues under Colorado law

1. Understand the basic legal problem: presumption of revocation

Courts generally prefer to see an original will. When the original will cannot be produced at probate, some states create a rebuttable presumption that the testator revoked the will (for example, by intentional destruction). To overcome that presumption you must show why the original is not available and provide convincing proof of the will’s contents and validity.

2. Where to file

File a petition for probate in the Colorado probate court for the county where the decedent lived at death. The petition should request admission of the will (as a lost or destroyed original, or admission of a copy) and appointment of a personal representative if needed.

3. What the court will want to see

Proof of due execution: Evidence that the testator signed the will and that any required witnesses signed in the testator’s presence, or that the document satisfies Colorado’s rules for valid wills. If possible, produce witness affidavits or testimony from people who saw the testator sign.
Proof of nonproduction (loss, destruction, or accidental loss): A factual showing that the original cannot be produced and why — for example, it was lost, misplaced, or unintentionally destroyed. If someone had possession of the original and cannot produce it, explain the chain of custody and efforts to locate the original.
Evidence the will was not revoked: Testimony or corroborating documents showing the testator did not intend to revoke the will (no evidence of physical destruction by the testator, no later will, no clear contrary statements indicating intent to revoke).
Documentary evidence of contents: A reliable copy of the will (whether a photocopy, scanned PDF, or typed transcription) plus any supporting records (emails, drafts, attorney file copies, billing records, correspondence) that confirm the will’s content and the testator’s intent.

4. Witnesses and affidavits

Ask witnesses to provide sworn statements or testify in court about:

Observing the testator sign the will.
Seeing the will in the testator’s possession after execution (and the circumstances when it disappeared).
The testator’s statements about the will’s contents and intent.

Affidavits from the attesting witnesses are particularly valuable. If attesting witnesses are deceased or unavailable, secondary witnesses and other corroborating evidence become more important.

5. Standard of proof

Courts commonly require strong proof when admitting a copy for a missing original. Many jurisdictions require clear and convincing evidence to admit a copy instead of an original will. Expect the probate judge to require a high level of persuasive evidence to rule that the copy is valid and that the original was not revoked.

6. Procedural moves and pleadings

File a petition to admit the will and set the matter for a hearing.
Attach the copy of the will and any affidavits, declarations, or exhibits (witness statements, attorney file notes, electronic copies, drafts).
Provide a proposed order admitting the copy, appointing a personal representative, and allowing probate to proceed.
Notify interested persons and potential heirs per Colorado probate notice rules so parties can object if they wish.

7. Possible court outcomes

The court may admit the copy to probate if you overcome the presumption of revocation and prove due execution.
The court may refuse admission if the evidence is insufficient or if someone proves a later valid revocation or later will.
The court may allow limited relief (for example, appointing a temporary personal representative) while the parties collect more evidence.

Helpful hints

Start immediately. The sooner you gather witness statements and documentary evidence, the better the chances of preserving reliable testimony.
Get written affidavits from attesting witnesses if you can. If attesting witnesses are unavailable, document why and collect secondary witness statements.
Look for attorney or notary files, bank or escrow records, emails with attachments, scanned drafts, or cloud backups that contain the will or confirm its contents and date.
Document efforts to locate the original: where it was last seen, who had access, and searches conducted.
Preserve electronic evidence and metadata (timestamps) if you have scanned copies or email drafts; that can be persuasive corroboration.
Provide the court with a clear chain-of-custody narrative explaining what happened to the original and why a copy should stand in its place.
Expect interested parties to object. Be prepared to respond with facts and witnesses. Objections may trigger discovery or a contested hearing.
Consult a probate attorney early. An attorney familiar with Colorado probate practice can help prepare filings, evaluate evidence, and represent you at hearings.

Where to find the relevant Colorado laws

Colorado’s probate laws appear in the Colorado Revised Statutes, Title 15 (Estates, Probate, and Trusts). For the statute text and to locate specific provisions on wills and probate procedure, see: https://leg.colorado.gov/laws/revised-statutes/title-15-estates-probate-and-trusts.

Next steps

Collect every copy, draft, and related document and preserve electronic metadata.
Obtain affidavits from attesting witnesses or other people who can corroborate the will’s execution and contents.
Consult a Colorado probate attorney to prepare the petition and evidence package and to represent you at any probate hearings.

If you want, provide a brief summary of what documents and witnesses you already have and I can outline a checklist of the specific evidence and filings you should prepare next.