This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Colorado USLegal Pamphlet on Lost Wills
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Note: Colorado law requires that a decedent's will be filed (lodged) with the District Court in which the decedent was domiciled within ten days of the decedent's passing, even if no probate administration is expected.
The firm that prepared the will often retain the original signed document, or may keep a record of where the original was sent. If you can't find a copy, then contacting the law firm that acted for the deceased is the best starting point.
Colorado Will Requirements The will must be written. This can be typed or handwritten, but it cannot be videoed or recorded orally; The will must be witnessed by two parties, either before or after the will-makers death; and. The witnesses must sign and date the document.
In order for a will to be considered valid in the state of Colorado, the testator must be at least 18 years old, have it signed by at least two witnesses (either before or after the testator's death), and have it either typed or handwritten. The state does not recognize oral (or "noncupative") wills.
Do I Need to Have My Will Notarized? No, in Colorado, you do not need to notarize your will to make it legal if you have two witnesses sign it. However, if you don't want to use witnesses, you can acknowledge it in front of a notary.
Under Colorado law, a will must be filed with the court within 10 days after the death of the testator. Colorado Revised Statutes § 15-11-516.
Go to Colorado probate without the original will. However, you might be able to find a copy. If this is the case, it is possible to submit a copy to the probate court and ask the court to accept the copy itself as the final last will and testament.
You can only see a copy of the will with their permission. After the testator has died, the rules on who is entitled to see a copy of a will depend on whether a grant of probate has been issued yet: Before probate is granted, only the executors of the will are entitled to read it.
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