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The process of challenging a will in Colorado

On Behalf of | Aug 10, 2022 | Estate Planning |

The distribution of a loved one’s estate is a sensitive matter. It is the duty of the living to see the deceased’s will carried out, though you may feel compelled to challenge the will if something is clearly amiss.

If you have reason to believe that the will-writing process is illegitimate, then you may have grounds to contest the will itself. Understanding the process of contesting a will in Colorado will help you build a case for your challenge.

When can you challenge a will?

The administration of an individual’s estate and will takes place during the Colorado probate process. During the course of probate, it may become apparent that the will is invalid. While you cannot contest a will simply because you are unhappy with it, appropriate reasons to submit a challenge include:

  • Lack of testamentary capacity in the deceased
  • Undue influence
  • Lack of witness signatures
  • Fraud
  • Improper execution

How do you challenge a will?

Once you are sure of the grounds on which you will contest the will, it is necessary to submit a petition to the probate court. Your petition will explain the nature of your objection. You must also provide evidence confirming your relationship with the testator and that you are an interested party who stands to gain from the terms of the will.

While some people may attempt to challenge a will because they feel unsatisfied with the terms of their inheritance, it is not a valid reason to petition the court. The probate court provides a process for individuals to submit petitions when a legitimate cause for challenging a will is present.