Contesting A Will In Colorado: Legal Grounds, Deadlines, and Probate Court Process

Contesting a will in Colorado is a probate court process that allows eligible individuals to challenge whether a deceased person’s last will and testament is legally valid. These disputes often arise when there are concerns about undue influence, mental capacity, or whether the will was properly executed under Colorado law. 

Understanding who can contest a will, the legal grounds for a will contest, and the deadlines imposed by Colorado probate courts is essential before taking action. Probate litigation in Colorado is evidence-driven, time-sensitive, and emotionally challenging—especially for families already coping with loss. 

In this article, I discuss how to contest a will in Colorado. 

Contesting a will in Colorado means asking the probate court to determine whether a will is legally valid. If the court finds the will is invalid, some or all of its terms may be set aside. The estate may then pass under a prior valid will or, if none exists, under Colorado intestacy laws. 

Will contests are handled in Colorado probate courts and must follow strict procedural rules. Missing a filing deadline or failing to present sufficient evidence can permanently end your claim.

Only certain individuals may challenge a will. Under Colorado law, legal standing to contest a will is generally limited to “interested persons”:

• A spouse, child, or other heir under Colorado intestacy law

• A beneficiary named in a prior will

• A person who would financially benefit if the will were invalidated

There are several legally recognized grounds for challenging a will in Colorado probate court. The most common grounds include the following:

Undue influence occurs when someone uses pressure, manipulation, or control to override the testator’s personal choice, resulting in a will that reflects the influencer’s wishes rather than the testator’s true intent. 

In undue influence will contests, Colorado courts often look for evidence such as: 

• The influencer’s involvement in drafting or paying for the will 

• Isolation of the testator from family or trusted advisors

• A sudden or unexplained change in beneficiaries

Suspicious circumstances alone may not be enough, but when combined with control or dependency, they can carry significant weight in probate court.

Under C.R.S. 15-11-501, a will must meet specific legal requirements to be valid in Colorado. A will may be contested if it was not: 

• In writing

• Signed by the testator

• Properly witnessed or notarized

• Executed while the testator was legally competent 

While the law provides some flexibility regarding circumstances like interested witnesses and surrogate signatures, improper execution of a will in Colorado often increases the likelihood of probate litigation. 

Colorado law requires that a testator have testamentary capacity, or be of sound mind, when the will was signed. This means the person must understand:

• The nature and extent of their assets 

• Who their natural heirs are

• The legal effect of signing the will

Medical conditions such as dementia or Alzheimer’s disease may pose a challenge when reinforced by medical records, witness testimony, or correspondence from the same time period. 

Strict deadlines apply to will contests. In most cases, a challenge must be filed shortly after the will is admitted to probate. If you miss this deadline, the court may permanently bar your claim, regardless of its strength. 

In the event that fraud is discovered, Colorado law may allow a claim to be brought within two years of the discovery of fraud, though there’s an ultimate cap of five years after the death. 

Because probate timelines are so unforgiving, it’s crucial that you speak with a Colorado probate litigation attorney as early as possible. 

In most cases, the person contesting the will carries the burden of proof. Under Colorado law, you must present evidence showing why the will is invalid. 

In a burden of proof will contest, Colorado courts often require: 

• Medical and financial records

• Witness testimony

• Expert opinions

Proper execution, lack of capacity, undue influence, and fraud or duress are typically considered, as these cases are fact-intensive and require careful legal preparation.

Contesting a will in Colorado is a demanding legal process that requires strict compliance with probate court rules. Our probate litigation attorneys understand Colorado estate law, local court procedures, and how judges evaluate will disputes. 

If you believe a will doesn’t reflect your loved one’s true intentions, we can help you evaluate your options and protect your interests by:

• Contesting a will based on undue influence, formality failure, or mental incapacity.

• Satisfying the burden of proof for proper execution, fraud or duress, and other factors.

• Offering guidance at every stage of the Colorado probate process that’s tailored to you.

Schedule a consultation today to speak with a Colorado probate litigation attorney. 

How long do you have to contest a will in Colorado?

Deadlines depend on when the will is admitted to probate. Acting quickly is essential, as late filings are often dismissed. 

Who can contest a will in Colorado?

Only individuals with legal standing, such as heirs or beneficiaries, may contest a will.

Is contesting a will difficult?

Yes. Will contests require strong evidence and compliance with strict probate court procedures.

Can a handwritten will be contested in Colorado?

Yes. While holographic wills are valid in Colorado, they’re often easier to challenge due to ambiguity or lack of witnesses.