Colorado Contested Will Attorney

A will in Colorado can be contested only on legally recognized grounds. Common reasons include lack of testamentary capacity, meaning the person did not understand the nature of making a will or the extent of their assets. Another ground is undue influence, where someone pressures or manipulates a person into making certain decisions that undermine their benefits from the will . Fraud or forgery — such as falsified signatures or deceptive actions — can also invalidate a will. Improper execution is another basis; Colorado law requires certain formalities, and failure to meet them can render a will invalid.

In Colorado, the deadline for contesting a will depends on how the probate process is initiated. Typically, an interested party must file a will contest within three months after receiving notice that the will has been admitted to probate. If formal probate proceedings have not yet begun, the time to object may be longer, but prompt action is still crucial. Missing the deadline usually results in losing the right to challenge the will. Because timelines can vary based on circumstances, individuals should consult with an attorney as soon as they suspect concerns about a will’s validity or fairness.

Yes. Contesting a will requires presenting evidence that supports your legal claim. Courts will not invalidate a will based solely on suspicion or dissatisfaction with its terms. Evidence may include medical records showing diminished mental capacity, witness statements describing undue influence, handwriting experts confirming forgery, or documentation revealing procedural errors during execution. The strength and credibility of the evidence directly affect the likelihood of success. Gathering relevant information early — before key records become unavailable — is important.

Yes. A will can be declared invalid if the testator lacked the mental capacity required under Colorado law when signing it. Testamentary capacity means the person understood they were creating a will, recognized the nature of their property, and knew the individuals who would logically inherit from them. Conditions such as advanced dementia, severe cognitive impairment, or certain mental illnesses may undermine capacity. However, capacity is assessed at the moment the will is executed, and individuals may have lucid intervals.

A no-contest clause, also known as an “in terrorem” clause, is designed to discourage beneficiaries from disputing a will by threatening loss of inheritance. In Colorado, these clauses are generally enforceable. However, they typically do not apply if the contestant brings the challenge in good faith and with probable cause.

If a court determines your objections are legitimate and supported by reasonable evidence, you may avoid penalties even if unsuccessful. Still, no-contest clauses can raise significant risks. Before filing a challenge, beneficiaries should consult a Colorado will contests and disputes attorney to determine whether their claim meets the probable cause standard.

Yes. A will dispute often delays probate in Denver and throughout Colorado. When someone contests a will, the court must pause the distribution of assets until the challenge is resolved. This can extend the probate process from months to years, depending on the complexity of the issues, the number of parties involved, and whether the case proceeds to trial. During the dispute, the personal representative’s authority may be limited, and estate expenses can accumulate. Mediation or early negotiation can sometimes shorten delays.

In Colorado, most will contests must be filed within three months after the will is admitted to probate and notice is provided to interested parties. If no probate has begun, objections can sometimes be raised earlier during the filing process. Once the statutory deadline expires, objections are usually barred. Because different probate procedures — informal, formal, or supervised — can affect the timeline, understanding the specific circumstances of the estate is important. Acting quickly and taking timely legal action preserves the right to challenge and provides time to gather evidence.

If a will contest succeeds, the challenged will—or specific portions of it—may be invalidated. When the entire will is thrown out, the court typically turns to a previous valid will, if one exists. If there is no earlier will, Colorado’s intestacy laws determine how the estate is distributed among surviving relatives. A successful contest may also lead to the removal of the personal representative, the appointment of a new one, or the redistribution of estate assets. Additionally, findings of fraud, undue influence, or misconduct can result in legal consequences for wrongdoers.

The legal process of challenging a will is called a will contest, which occurs within the broader framework of probate proceedings. In Colorado, a will contest involves filing a formal objection in probate court, asserting that the will is invalid due to issues like lack of capacity, undue influence, or improper execution. The court then reviews evidence, hears witness testimony, and may conduct hearings or a trial. During this process, the personal representative’s actions may be more closely supervised.

Yes, mediation can be an effective way to resolve a will dispute in Colorado. Mediation brings all interested parties together with a neutral third-party mediator who helps facilitate discussions. The process aims to reach a mutually acceptable agreement without the costs, delays, and emotional strain of a court trial. Mediation can clarify misunderstandings, preserve family relationships, and address disputed issues like inheritance shares or personal property. While not mandatory, courts often encourage mediation because it can streamline probate and reduce litigation.