Detailed Answer

Short answer: Under Colorado law the court prefers to receive the original will when someone files it for probate. If you only have a copy, you can still try to start probate, but you will need additional proof to show the court that the copy accurately reflects an originally executed will that was not revoked. This article explains how to confirm whether the document you received is the original and what to do if it is only a copy.

What counts as an original will?

An “original” will is the physical, signed document that the testator (the person who made the will) signed and that contains any required witness signatures or a self‑proving affidavit. In Colorado, wills are governed by the Colorado Probate Code (Title 15, Probate). The court ordinarily expects to receive the actual signed paper (the original) when someone asks the court to admit a will to probate.

Helpful Colorado resources on probate and wills are available through the Colorado Revised Statutes (Title 15, Probate) and the Colorado Judicial Branch probate information and forms pages:

Colorado Revised Statutes (main page) — see Title 15 (Probate)
Colorado Judicial Branch — Probate Forms & Information

How to tell if a will is an original

Use these practical checks. None alone proves originality beyond dispute, but together they help establish whether you likely have the original document:

Look for handwritten signatures: Check the signature of the testator and the witness signatures. Originals normally show pen pressure, variation in ink flow, and possibly different colored ink for different signatures. Copies will show uniform tone and may lack visible ink texture.
Check for a notary / self‑proving affidavit: Many wills include a notarized “self‑proving” affidavit under which the witnesses swear before a notary public. A notary’s raised seal, embossing, or inked stamp is easier to detect on an original than on a photocopy.
Paper and ink clues: Originals may have thicker paper, watermarks, or impressions from a pen. Photocopies usually have flat, uniform grayscale output. Under bright light you might see indentations from pen strokes on the page behind.
Examine physical condition: Originals may have staples, folds, or marginal notes in handwriting. Originals sometimes have a signature page physically separated or bound differently than photocopies.
Compare signatures to other original documents: If you have other known originals signed by the decedent (checks, prior wills, deeds), compare signature style, slant, and formation. A handwriting or forensic document examiner can provide professional comparison if authenticity is contested.
Ask for chain‑of‑custody information: Who handed you the will? Where was it kept (attorney’s file, safe deposit box, home)? The person who produced the will should be able to describe where the paper was stored and why they have it. Attorneys often keep originals; banks and safe‑deposit boxes sometimes hold them.

If you find only a copy — what Colorado law allows

If you only have a copy (paper photocopy, scan, or a typed copy), Colorado courts provide a route to probate a non‑original will, but you must present proof proving both that (1) the writing was executed as the decedent’s will and (2) the original was not destroyed by the testator with intent to revoke it. You will typically need:

testimony from the witnesses who saw the original will signed, or other credible witnesses; and
documents or evidence showing the original was lost or inadvertently destroyed (for example, the will was in the decedent’s possession and the decedent mislaid it before death), or evidence it was last seen in a custodian’s care.

Because rules and procedures can be technical, people usually file a petition asking the probate court to admit a copy as a lost will. The court will evaluate the evidence and decide whether to admit the copy.

See the Colorado Judicial Branch probate resources for the correct forms and local court procedures: Colorado probate forms and instructions.

When to contact the probate court or an attorney

Contact the probate court clerk in the county where the decedent lived to find out local filing requirements. If you suspect the document is a copy, or if anyone will challenge the will’s authenticity, consult an attorney experienced in Colorado probate and estate litigation. An attorney can help you:

determine whether you likely have an original;
collect witness statements or affidavits;
prepare and file a petition to admit a lost will or to probate the will;
handle a contest or challenge to authenticity; and
arrange for a forensic document examiner if needed.

What to do right now (step‑by‑step)

Safeguard the document: keep the paper in a dry, secure place. Do not alter it, write on it, or laminate it.
Ask who provided it and where it was stored. Note names and details in writing for the file.
Check for signatures, witness names, and a notary or self‑proving affidavit.
Make a high‑quality photocopy or scan for your records, but keep the original separate and secure.
Contact the county probate court clerk where the decedent lived for filing guidance.
If you expect a dispute or you need to probate a copy, consult an attorney promptly.

Evidence the court finds persuasive

Courts typically rely on:

eye‑witness testimony that the decedent signed the document;
witness affidavits or testimony explaining where the original was kept and what happened to it;
self‑proving affidavits or notarized statements executed with the will; and
forensic evidence comparing signatures and paper characteristics when authenticity is contested.

Common scenarios and practical tips

– If an attorney prepared the will: contact that attorney’s office. Attorneys often keep the original and can produce it or provide a copy with an explanation. Colorado courts treat attorney‑held originals the same as other originals.

– If the original was in a safe‑deposit box: ask the bank about procedures for retrieving a decedent’s safe‑deposit box contents; banks often require court involvement or a personal representative.

– If you found a typed copy in the decedent’s papers and there is no original: immediately note who had access to the papers and preserve any envelopes, labels, or filing notes that might show where the original was kept.

Quick checklist to confirm originality

Is the testator’s original signature present (ink with pen pressure)?
Are witness signatures present and do they match other known signatures?
Is a notarized self‑proving affidavit attached?
Can the person who provided the will explain how they obtained it and where the original has been stored?
If you doubt authenticity, have you preserved the document and contacted the probate court or an attorney?

Where to learn more and next steps

Read the Colorado statutes on wills and probate (Title 15) at the Colorado General Assembly site: Colorado Revised Statutes (Title 15, Probate). For local filing requirements and probate forms, visit the Colorado Judicial Branch probate page: Colorado Judicial Branch — Probate Forms. If the situation may result in a dispute, find a probate attorney in the county where the decedent lived.

Disclaimer: This article explains general Colorado law and practical steps. It is for educational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed Colorado attorney.

Helpful Hints

Don’t alter the document; preserve the original condition.
Photocopy or scan the document immediately for records, but store the original separately and securely.
Ask for witness names and contact information right away; witness testimony is often the key to admitting a copy.
Look for a notary seal or self‑proving affidavit — that makes probate easier.
If an attorney prepared the will, ask that attorney for the original or their file notes.
Contact the county probate court clerk to learn local procedures before filing.
If the will may be contested, hire a probate attorney experienced in Colorado probate litigation.