✓ Verified September 2026
To contest a will in Colorado, you file in the probate court within a fixed window and prove one of a short list of legal grounds. This guide gives the Colorado answer in plain English, and it starts with the deadline, because that is the fact that ends more cases than any other. All facts are from Colorado law, verified as of September 2026.
In This Colorado Guide:
Contest a Will in Colorado: At a Glance
Here are the Colorado facts that decide whether you can contest a will in Colorado:
| Deadline to contest | For a will admitted in INFORMAL probate: a formal testacy proceeding to contest it must be commenced within 12 months after the informal probate OR 3 years after the decedent’s death, WHICHEVER IS LATER — C.R.S. 15-12-108(1)(c). For a will offered in FORMAL probate: written objections must be filed at or before the formal testacy hearing — C.R.S. 15-12-403 and 15-12-404; once a formal testacy order enters it is final as to all persons (C.R.S. 15-12-412), subject only to appeal and to the narrow vacation grounds in C.R.S. 15-12-412 (including a petition by a person who was not given notice, which must be filed within 12 months after entry of the order) and modification/vacation for good cause within the time allowed for appeal under C.R.S. 15-12-413. Outer bar: no probate or appointment proceeding may be commenced more than 3 years after death — C.R.S. 15-12-108(1) |
| What starts the clock | The date the will was informally admitted to probate (12-month clock), measured against the date of the decedent’s death (3-year clock) — the later of the two controls. In formal proceedings the trigger is the notice of the formal testacy hearing (objections due at or before the hearing) and then entry of the formal testacy order (12 months to petition to vacate for a person not given notice) |
| Who can contest | Only an “interested person” may contest — defined in C.R.S. 15-10-201(27) to include heirs, devisees, children, spouses, creditors, beneficiaries, trust directors, and any other person having a property right in or claim against the estate that may be affected by the proceeding, plus persons having priority for appointment as personal representative and fiduciaries representing them. In practice: intestate heirs who would take if the will failed, beneficiaries under a prior will, and beneficiaries under the offered will. The statute states the meaning “may vary from time to time” and is determined according to the purposes of and matter involved in the particular proceeding |
| No-contest clause | YES with a probable-cause exception. C.R.S. 15-11-517 (“Penalty clause for contest”): a provision in a will penalizing an interested person for contesting the will or instituting other proceedings relating to the estate “is unenforceable if probable cause exists for instituting proceedings.” The parallel trust provision is C.R.S. 15-12-905. Colorado courts strictly construe such clauses and avoid forfeiture where possible; probable cause means evidence that would lead a reasonable person, properly informed and advised, to conclude there is a substantial likelihood the contest will succeed |
| What the filing is called | A “Petition for Formal Probate of Will” / petition for formal testacy proceeding (Colorado Judicial Branch form JDF 920, “Petition for Formal Probate of Will and Formal Appointment of Personal Representative”), or, where formal probate is already pending, a specific written “Objection” filed at or before the hearing and served on the personal representative (C.R.S. 15-12-401 through 15-12-404; C.R.P.P. Rule 24). A petition to set aside an informally probated will is filed as a formal testacy proceeding under C.R.S. 15-12-401(3) |
| Court | The District Court of the Colorado county where the decedent was domiciled at death (or where property is located), sitting in probate. In the City and County of Denver, the separate Denver Probate Court has original and exclusive jurisdiction — C.R.S. 13-9-103; C.R.S. 15-10-302 and 15-10-303 (venue) |
| Jury trial | YES — C.R.S. 15-10-306 (“Jury trial”): if duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and in any proceeding in which a controverted question of fact arises as to which any party has a constitutional right to jury trial; where no such right exists or it is waived, the court may in its discretion call an advisory jury. Colorado maintains pattern will-contest jury instructions at CJI-Civ. Chapter 34 |
| Typical cost | UNVERIFIED for Colorado will contests specifically. No official Colorado court or state bar source publishes a will-contest cost range. Verified Colorado data points only: probate/civil attorney hourly rates commonly run 200 to 600 per hour statewide, and litigation retainers commonly run 5000 to 20000 (higher in complex matters). District court filing fees are set by C.R.S. 13-32-101 and published on the Colorado Judicial Branch fee schedule. Check with the court or a licensed Colorado attorney for a case-specific estimate |
The Deadline to Contest a Will in Colorado
The window is short in some states and long in others, and it is measured from a specific event rather than from the day you learned about the will. That is why the first thing to find out is the date the will was admitted and whether you received formal notice. If the deadline has not run, everything else on this page is available to you.
If it has, the remaining options are narrow and usually involve proving you never got the notice the law required.
Grounds to Contest a Will in Colorado
Lack of testamentary capacity / lack of testamentary intent (C.R.S. 15-11-501 requires age 18 and sound mind); undue influence; fraud; duress; mistake; revocation; and improper execution or forgery (failure to satisfy C.R.S. 15-11-502 signing/witnessing or the C.R.S. 15-11-503 harmless-error test). Grounds are enumerated in the burden statute, C.R.S. 15-12-407, and in CJI-Civ. Chapter 34 (Wills)
Who has to prove what: Under C.R.S. 15-12-407, proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, proof of death, venue, and heirship. CONTESTANTS then carry the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Standard is preponderance of the evidence (ordinary civil standard; CJI-Civ. Ch. 34).
Colorado recognizes a presumption of undue influence arising from a confidential or fiduciary relationship coupled with suspicious circumstances (e.g., the beneficiary participated in procuring the will); that presumption shifts to the proponent only the burden of coming forward with rebutting evidence — the ultimate burden of persuasion stays with the contestant under 15-12-407. A self-proved will (C.R.S.
15-11-504) may be admitted without attesting-witness testimony and cannot be contested on proper-execution grounds, though it remains contestable on all other grounds
Who Can Contest a Will in Colorado
Only an “interested person” may contest — defined in C.R.S. 15-10-201(27) to include heirs, devisees, children, spouses, creditors, beneficiaries, trust directors, and any other person having a property right in or claim against the estate that may be affected by the proceeding, plus persons having priority for appointment as personal representative and fiduciaries representing them.
In practice: intestate heirs who would take if the will failed, beneficiaries under a prior will, and beneficiaries under the offered will. The statute states the meaning “may vary from time to time” and is determined according to the purposes of and matter involved in the particular proceeding Being unhappy with the will is not standing; losing something because of it is.
Check the earlier will and the intestate rules for Colorado before filing, because they decide whether you are an interested person.
No-Contest Clauses in Colorado
YES with a probable-cause exception. C.R.S. 15-11-517 (“Penalty clause for contest”): a provision in a will penalizing an interested person for contesting the will or instituting other proceedings relating to the estate “is unenforceable if probable cause exists for instituting proceedings.” The parallel trust provision is C.R.S. 15-12-905.
Colorado courts strictly construe such clauses and avoid forfeiture where possible; probable cause means evidence that would lead a reasonable person, properly informed and advised, to conclude there is a substantial likelihood the contest will succeed
The Steps to Contest a Will in Colorado
Step one is the deadline check above. Step two is evidence: the medical records around the signing date, the names of the witnesses, the drafting lawyer’s file, and the financial records that show who benefited.
Step three is the filing — A “Petition for Formal Probate of Will” / petition for formal testacy proceeding (Colorado Judicial Branch form JDF 920, “Petition for Formal Probate of Will and Formal Appointment of Personal Representative”), or, where formal probate is already pending, a specific written “Objection” filed at or before the hearing and served on the personal representative (C.R.S. 15-12-401 through 15-12-404; C.R.P.P. Rule 24).
A petition to set aside an informally probated will is filed as a formal testacy proceeding under C.R.S. 15-12-401(3). Step four is discovery and, in most cases, a settlement conference; the small minority that reach trial are decided by a jury if requested.
Settling Instead of Fighting
YES. C.R.S.
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15-12-1101 and 15-12-1102 authorize a compromise of any controversy as to admission of a will to probate, the validity/construction/effect of a probated will, or rights in the estate; when approved by the court in a formal proceeding, the compromise binds all parties including unborn, unascertained, or unlocatable persons, and binds even inalienable interests and trusts (it does not impair the rights of creditors or taxing authorities who are not parties).
Separately, C.R.S. 15-12-912 lets competent successors privately agree in a signed writing to alter their shares, and the personal representative must abide by it. Colorado probate courts also routinely order mediation/ADR under C.R.S. 13-22-311 and C.R.P.P. Rule 16
Other Colorado rules: (1) NO ante-mortem/pre-death will validation in Colorado — Colorado has not enacted a living-probate statute; a will can only be challenged after death. (2) Two-track system: informal probate before the Registrar leaves a 12-month/3-year contest window open, while formal testacy produces a final, binding order — a will proponent who anticipates a fight can force the issue early by petitioning for formal probate. (3) Self-proved wills (C.R.S.
15-11-504) are admitted without attesting-witness testimony and cannot be challenged on proper-execution grounds. (4) Harmless-error rule, C.R.S. 15-11-503: a document not properly executed may still be treated as a valid will if established by CLEAR AND CONVINCING EVIDENCE that the decedent intended it as their will — a higher standard than the preponderance standard used for the other contest grounds.
(5) Holographic wills are valid in Colorado if the material portions and the signature are in the testator’s handwriting (C.R.S. 15-11-502(2)), so an unwitnessed handwritten will is not automatically contestable for improper execution. (6) The 3-year limit in C.R.S. 15-12-108 is an ultimate bar on commencing probate at all, not merely a contest deadline. (7) C.R.S.
15-12-407 reversed the older Colorado common-law rule that placed the burden of proving testamentary capacity on the will’s proponent
The Evidence That Wins or Loses a Will Contest
Capacity cases turn on the weeks around the signing: the medical chart, prescriptions, a dementia diagnosis, and what the drafting lawyer and the witnesses saw that day. A will signed in a lawyer’s office with two disinterested witnesses and a self-proving affidavit is hard to attack; a will signed at a kitchen table with the main beneficiary present is not.
Undue influence cases turn on the relationship — who drove the parent to the appointment, who chose the lawyer, who was in the room, and whether the new will departed sharply from earlier ones and from what the parent said to other people.
Improper execution is the narrowest ground and the cleanest: Colorado sets exact witness and signature rules, and a will that misses them fails regardless of what the signer intended. Before you contest a will in Colorado, gather the prior wills, the medical releases, and the names of everyone at the signing.
Most of that evidence has to be requested formally once the case is filed, and the deadline does not wait for it.
What to Expect When You Contest a Will in Colorado
A will contest is a lawsuit about the document, not about fairness. When you contest a will in Colorado, the court asks whether the person who signed it had capacity, signed it freely, and signed it correctly. It does not ask whether the split was reasonable. That is why the strongest cases rest on medical records and witness accounts from the weeks around the signing.
Most families who contest a will in Colorado settle. Courts encourage it, many states have family settlement rules that let the heirs agree to a different division, and a settlement avoids the cost and delay of trial. The deadline, the grounds, and the no-contest clause above are the three facts that set your bargaining position before any of that begins.
You don’t have to do this alone
If you are settling a loved one’s estate in Colorado, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Key Takeaways: Contest a Will in Colorado
- The deadline is everything: the window to contest a will in Colorado closes on a fixed schedule, and the court cannot reopen it for a late but valid claim.
- Grounds are specific: you contest a will in Colorado on capacity, undue influence, fraud, duress, or bad execution, never on unfairness alone.
- Standing first: only an interested person can contest a will in Colorado; check whether you inherit under the prior will or the intestate rules.
- Read the no-contest clause: whether the state enforces it decides how much risk it takes to contest a will in Colorado.
- Evidence is medical and financial: records, witnesses to the signing, and the drafting lawyer’s file decide most cases when you contest a will in Colorado.
- Settlement is common: most families who contest a will in Colorado settle before trial, often through the state’s family settlement rules.
- Find the admission date: the day the will was admitted is the day the clock to contest a will in Colorado usually starts.
- Prior wills matter twice: they give you standing to contest a will in Colorado and show how far the last will departed from the pattern.
- Notice defects are a lifeline: if you never got the required notice, you may still contest a will in Colorado after the ordinary deadline.
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Official Colorado Sources & Resources
- Colorado Probate Court: https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/petition-formal-probate-will-and-formal-appointment-personal (Colorado Judicial Branch probate self-help forms, incl. JDF 920; general legal-help portal: https://lawhelp.colorado.gov/formal-probate ; Denver Probate Court: https://www.denverprobatecourt.org/ )
- Colorado Will Contest Statute: https://law.justia.com/codes/colorado/title-15/colorado-probate-code/article-12/part-1/section-15-12-108/ (official full-code PDF from the Colorado General Assembly Office of Legislative Legal Services: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2023-title-15.pdf ; bill/statute portal: https://leg.colorado.gov/ )
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Colorado guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.