Detailed Answer

Disclaimer: This is not legal advice. It offers general information about Colorado law. For advice on your specific situation, consult a licensed attorney.

1. Overview of Colorado Family Allowance (C.R.S. § 15-10-201)

Under Colorado law, a surviving spouse may claim a family allowance to cover basic living expenses during probate. See C.R.S. § 15-10-201. This allowance is in addition to the spouse’s share of the estate or any elective share under C.R.S. § 15-11-201 (read § 15-10-201).

2. Proof of Marriage Requirement

To qualify as “spouse” for a family allowance, you must prove the decedent married you in compliance with Colorado’s marriage laws. County clerks file and record marriage certificates under C.R.S. § 14-2-311 (read § 14-2-311).

3. Impact of an Incomplete or Missing Certificate

If the certified marriage certificate is incomplete—missing signatures, dates or county seals—or lost, the clerk may not issue a certified copy. Without a certified copy, the probate court may question your status as a surviving spouse and delay or deny your family allowance claim.

4. Alternative Evidence of Marriage

Colorado probate courts accept secondary evidence when the primary certificate is unavailable. Examples include:

Affidavits: Sworn statements from the county clerk, officiant, or two disinterested witnesses confirming the ceremony.
Clergy or Officiant Records: A signed church or officiant registry recording the marriage date.
Joint Documents: Tax returns, bank accounts or property deeds listing you as married.
Notarized Photocopies: An earlier certified copy or photocopy of the marriage certificate that bears official seals.

5. Steps to Protect Your Family Allowance Claim

Contact the county clerk where the marriage license was issued. Request a certified copy or certified search results.
Gather any secondary evidence—affidavits, signed registry entries or joint financial records.
Prepare a motion for the probate court explaining the missing certificate and attach your evidence.
Serve notice to interested parties and attend the hearing to establish marital status.
If necessary, ask the court to appoint a special commissioner to reconstruct the record under C.R.S. § 15-1-104.

Helpful Hints

Verify the spelling of names and dates before requesting certified copies.
Ask the clerk for a certified search letter if no certificate exists on file.
Keep originals and certified copies in a safe place for probate filing.
Consider mediation with other beneficiaries if disputes arise over the family allowance.
Consult probate court self-help resources or a probate paralegal for procedural guidance.