How to Contest a Will in Colorado
- 1). Speak with close friends and family members of the deceased and review any notes written by the decedent. Focus on trying to discover a basis to challenge the decedent's will from these sources and any other sources such as the decedent's past caretakers. Common grounds for will contests include challenging the decedent's mental capacity or arguing that the decedent was pressured into writing the will.
- 2). Check the written will to ensure that it complies with Colorado's Probate Code, specifically sections 15-11-501 and 15-11-502. The will must be written by a person who is of sound mind and over the age of 18. Further, the will must be signed by the decedent and witnessed by two people. If the will does not comply with these sections, you can challenge the validity on these grounds.
- 3). Write a petition to challenge the will. Pursuant to Colorado Probate Code 15-12-404, you must state your objections to the validity of the will in a written petition. In the petition, state your name and address and how you are related to the decedent. Next, list the reasons why you believe the will is invalid.
- 4). Deliver a copy of this petition to the probate court in the Colorado county where the will is being probated. The court clerk will schedule a hearing. Attend the hearing and present evidence that proves your claims. This may involve calling witnesses who can testify that the decedent was insane at the time he wrote the will or pointing out to the court that the will does not meet the requirements for a will pursuant to Colorado law.
