Contesting a will in Colorado takes three things: standing (you have to be someone the outcome actually affects), a valid legal ground — lack of capacity, undue influence, fraud, or improper execution — and a filing within a strict deadline. For an informally probated will, that generally means the later of 12 months after the informal probate or three years after the death (C.R.S. § 15-12-108); a formally probated will must be challenged at or before the formal hearing — often a much shorter window. Miss the window, and even a genuinely invalid will usually stands. Here's what a contest actually requires.
Who Can Contest a Will in Colorado?
Only an "interested person" has standing to contest a Colorado will. That generally means someone who would inherit more — or inherit at all — if the will being challenged were set aside: an heir under Colorado's intestate succession statute who was left out or shortchanged, or a beneficiary under an earlier will who would receive more under that earlier version. Someone with no financial stake in the outcome generally cannot bring a contest.
What Are Valid Grounds to Contest a Colorado Will?
Disagreeing with how a will divides an estate is not, by itself, a legal ground to contest it. Colorado recognizes a limited set of grounds that actually hold up in court:
- Lack of testamentary capacity — the person didn't understand the nature of their assets, the natural beneficiaries of their estate, or the effect of signing a will at the time they signed it
- Undue influence — someone improperly pressured or manipulated the testator into terms that reflect the influencer's interests rather than the testator's true wishes
- Fraud — the testator was deceived about the document they were signing, or about facts that led them to sign it
- Improper execution — the will wasn't signed, witnessed, or formalized the way Colorado law requires
Undue influence is the hardest to prove, and the most commonly alleged. Courts look for a pattern: sudden changes to a will shortly before death, isolation of the testator from other family members, the influencer's active hand in preparing the will itself, a weakened mental or physical state at the time of signing, and unnatural provisions that benefit the influencer at the expense of natural heirs.
What Is the Deadline to Contest a Will in Colorado?
Colorado puts an ultimate limit of three years after death on most probate proceedings, and a contest of an informally probated will must generally be commenced within the later of 12 months from the informal probate or three years from the death (C.R.S. § 15-12-108). Formal probate is stricter still: objections must be raised at or before the formal hearing, and once the court admits the will, the door effectively closes. Informal probate — the faster, more common track — can admit a will within days of filing. The practical answer is the same either way: if you have concerns about a will, act immediately rather than waiting to find out which deadline applies to your situation.
These deadlines are strict and largely non-negotiable. Waiting to "see how things go" with the family before consulting an attorney is the single most common way a valid contest is lost — not on the merits, but on the calendar.
What Happens During a Colorado Will Contest?
A will contest is litigated as a formal testacy proceeding — the same track described in our guide to how Colorado probate works — in front of a judge, not through the administrative informal-probate process. Expect discovery: medical records, witness testimony, communications relevant to capacity or influence, often depositions, and expert testimony on the testator's mental state at signing. Many contests settle before trial, once both sides have seen the evidence. Others proceed to a contested hearing.
Can You Contest a Trust the Same Way You Contest a Will?
Yes. Colorado law allows a trust to be challenged on the same grounds as a will — lack of capacity, undue influence, fraud, improper execution. The deadlines and procedural details can differ, though, and trust disputes are often litigated separately from a probate proceeding. Our Durango trust litigation practice handles those disputes for both trustees and beneficiaries.
What Happens If a Will Contest Succeeds?
If a court finds a will invalid, it voids all or part of that document. If the entire will is thrown out, the estate is distributed under an earlier valid will if one exists, or, if none does, under Colorado's intestate succession statute — the same default rules that apply when someone dies without a will at all. If only specific provisions are found invalid, the rest of the will can remain in effect.
This article explains Colorado will contest law in general terms and is not legal advice. Whether you have valid grounds and how much time you have left to act depend on the specific facts of your situation — talk with a licensed Colorado attorney as soon as you have concerns about a will, given how strict these deadlines are.
