Deadlines for Contesting a Will in Colorado: What You Need to Know
Short answer
There is no single universal deadline for contesting a will in Colorado. The deadline depends on how the estate is being handled (informal vs. formal probate), whether you received statutory notice, and the legal basis for your challenge (capacity, undue influence, forgery, fraud, etc.). Some procedural windows set by the probate process can be very short (weeks to a few months), while certain substantive claims may be subject to different statutes of limitations measured from discovery.
Detailed answer — how the timing works under Colorado law
Contesting a will in Colorado means filing an objection or a lawsuit in the probate proceedings claiming the will is invalid or is otherwise defective. Timing rules depend on the procedural route the personal representative (executor) uses and whether you were formally notified.
Key factors that determine the deadline
- Type of probate proceeding: Colorado courts handle wills through informal (summary) and formal probate procedures. Informal proceedings often use notice and short objection periods; formal proceedings follow different schedules and allow for pre-admission objections.
- Whether you were served with notice: If an interested person is served with a statutory notice about probate and appointment of a personal representative, the notice will usually state the deadline to file objections. Those notice-based deadlines can be short.
- Grounds for the challenge: Procedural objections to admitting a will (for example, arguing the purported will is invalid on its face) are governed by probate procedures. Substantive tort or statutory claims (forgery, undue influence, fraud) may be subject to civil statutes of limitations that run from the date the injury occurred or from when it was discovered.
- Whether the will has already been admitted to probate: If the will has been admitted and the time for direct objections has passed, some claims can still be brought later (for example, fraud in the inducement), but courts require compelling reasons to allow late challenges.
Typical timelines and practical rules of thumb
Because procedures vary, it is safest to act immediately if you want to contest a will. In many Colorado cases the effective windows people encounter are:
- Very short formal objection periods after you receive a statutory probate notice — often measured in weeks to a few months.
- Direct contests filed during an active probate case — usually must be filed before the court issues a final decree or final distribution orders.
- Claims like fraud, forgery, or undue influence may rely on civil statutes of limitations; those limitations may begin at discovery, which can extend time in some situations, but you cannot count on that — the clock may still run.
Consequences of missing the deadline
Missing the applicable deadline can bar your right to challenge the will in probate court. If you wait until after distributions are made, recovery can be difficult and more limited. Courts sometimes allow late challenges in extraordinary circumstances, but relief is not guaranteed.
Where to look in Colorado law
Colorado’s estate and probate law is in Title 15 of the Colorado Revised Statutes. For procedural probate rules and forms, see the Colorado Judicial Branch probate pages and the Colorado Revised Statutes. Useful official resources:
- Colorado Revised Statutes (searchable) — start here to find Title 15 (Estates, Trusts, and Fiduciaries)
- Colorado Judicial Branch — Probate information and forms — guides to probate procedures in Colorado courts
Practical example (hypothetical)
Maria receives a statutory notice that her father’s will has been submitted for informal probate and that a personal representative has been appointed. The notice states a deadline to file objections. If Maria believes the will was procured by undue influence, she should immediately consult a probate attorney and prepare to file a formal objection before the notice deadline. If she waits until the court has distributed estate assets and does not object during the probate proceeding, she may lose the right to contest the will or may need to pursue a separate, more difficult lawsuit.
Helpful Hints
- Act quickly: once you learn about a probate filing or receive notice, treat deadlines as urgent.
- Read any statutory notice carefully — it often states the deadline and how to file an objection in that particular estate.
- Preserve evidence: medical records, witness contact information, financial records, and any communications that support your claim (capacity, undue influence, fraud, or forgery).
- Contact the probate clerk in the county where the decedent’s estate is filed to find case documents and the case calendar.
- Consult a Colorado probate attorney promptly. Probate procedure and deadlines can be technical; an attorney can identify the correct deadline and file objections or suits on time.
- If you missed a deadline, consult an attorney immediately — there may be limited remedies such as equitable relief or civil claims, but timing and facts are critical.
- Check the Colorado Revised Statutes and local court rules for the county handling the probate matter; local procedures can affect timing and filing requirements.