2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-402 - Formal testacy or appointment proceedings - petition - contents

(1)
Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will must:
(a)
Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;
(b)
Contain the statements required for informal applications as stated in section
15-12-301(2)
and the statements required by section
15-12-301(3)
; and
(c)
State whether the original of the last will of the decedent, or a copy of the decedent's original will certified by the state court administrator pursuant to article
23
of this title 15, is in the possession of the court or accompanies the petition.
(2)
If the original will, or a copy of the decedent's original will certified by the state court administrator pursuant to article
23
of this title 15, is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will and indicate that it is lost, destroyed, or otherwise unavailable.
(3)
If a will has been lost or destroyed, or for any other reason is unavailable, and the fact of the execution thereof is established, as herein provided, and the contents thereof are likewise established to the satisfaction of the court, and the court is satisfied that the will has not been revoked by the testator, the court may admit the same to probate and record, as in other cases. In every such case the order admitting such will to probate shall set forth the contents of the will at length, and the names of the witnesses by whom the same was proved, and such order shall be recorded in the record of wills.
(4)
A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by section
15-12-301(2) and (5)
, and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case the statements required by section
15-12-301(5)(b)
may be omitted.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Amended by 2019 Ch. 252,§4, eff. 1/1/2021 but later changed to 1/1/2023.
L. 73: R&RE, p. 1574, § 1. C.R.S. 1963: § 153-3-402. L. 79: (3) amended, p. 649, § 8, effective July 1.
HB 20-1368 amended the effective date of HB 19-1229 to change the date from January 1, 2021, to January 1, 2023. (See L. 2020, p. 1441.)