Disclaimer: I am not a lawyer and this is not legal advice. This article explains general information about Colorado probate and practical steps you can take. For legal advice about your specific situation, consult a licensed Colorado attorney.
Overview — what to know about a missing original will in Colorado
When someone dies and the original will is not available, Colorado probate law still provides ways to try to admit the will, protect estate property, and resolve disputes. The steps you take depend on whether the person who has the original is cooperating, whether you have a copy of the will, and whether the person withholding the original is an executor or has another legal duty to produce it.
Detailed answer — step-by-step actions to take in Colorado
- Confirm the facts and preserve evidence. Collect everything you have: any copies of the will, emails, handwritten notes, text messages, and witnesses who saw the will or observed your father signing or leaving instructions. Note dates of conversations with your step-sister and keep a record of any written requests you make for the original. Preserve the deceased’s mail, financial statements, and any safe-deposit box information.
- Check whether your step-sister has a legal duty to produce the original. If she was named as personal representative, custodian, or otherwise entrusted with the original, she may have a legal obligation to turn it over. Even if she is not an executor, refusing to deliver an original might be evidence supporting a petition to the court. Avoid threats or trying to force entry to private property. Instead, document requests in writing.
- Make a written demand for the original will. Send a certified letter (or email plus follow-up printed letter) that: identifies the decedent, requests delivery of the original will by a specific deadline (e.g., 10–14 days), explains you intend to file it with the probate court, and warns you may file a petition to compel production or seek court relief if the original is not produced. Keep copies and proof of mailing.
- If you have only a copy, you can still petition the court to admit the will under Colorado probate procedures. Colorado’s probate laws are found in Title 15 of the Colorado Revised Statutes. The Colorado Judicial Branch provides probate filing information and local court forms at the state courts’ website (see resources below). In practice, courts may admit a photocopy or other copy of a will if the proponent proves the contents and explains why the original cannot be produced. You should be prepared to explain the chain of custody and to present witnesses who can testify about the will’s authenticity.
- File a petition with the probate court. Go to the county probate court where the decedent lived and file a petition for appointment of a personal representative and for admission of the will. If you file with only a copy, include an affidavit describing the custodial circumstances and the unsuccessful attempt(s) to obtain the original. The court may schedule a hearing where parties will present evidence about whether to admit the copy.
- If the step-sister is actively hiding or destroyed the original, consider legal remedies to compel production. Options can include: (a) a court petition requesting an order to produce the original or to show cause why it should not be produced; (b) asking the court for an emergency or temporary appointment of a personal representative to protect estate assets; (c) a civil action for replevin, conversion, or declaratory relief; and (d) reporting suspected criminal conduct to law enforcement (for example, if you believe the will was intentionally destroyed or tampered with). These remedies are fact-specific—talk with an attorney before filing.
- Consider asking the court to appoint an interim personal representative. If estate assets are at risk (bank accounts, property transfers, ongoing bills), you can ask the probate court to appoint someone temporarily to protect assets while the dispute over the will is resolved.
- Be ready for a hearing and evidentiary proof. If the original is missing, courts weigh evidence: witness testimony about the will’s contents and signing, copies of the will, how and when the original went missing, and whether the person withholding it has an explanation. If the court suspects wrongful withholding, that may affect credibility and outcomes.
- Work with a Colorado probate attorney when possible. An attorney can draft proper petitions, affidavits, and notices; represent you in hearings; and evaluate whether civil or criminal remedies are appropriate given your facts.
What the probable outcomes look like
- If the court accepts the copy and the evidence, the will may be admitted and a personal representative appointed following the will’s terms.
- If the court finds the original was destroyed or cannot be authenticated, it may refuse to admit the copy, which could result in intestate succession (distribution under Colorado law) or a different outcome. The facts and evidence determine the result.
- If wrongdoing is found (e.g., someone intentionally destroyed or concealed the will), the court may sanction the person, and criminal prosecution could be pursued by authorities.
Colorado resources and statutes
- Colorado Revised Statutes (Title 15 — Probate and Decedents’ Estates): https://leg.colorado.gov/sites/default/files/2019_crs_title_15.pdf
- Colorado Judicial Branch — probate information and county court contact / forms: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=11
- General probate procedure information from the Colorado Judicial Branch: https://www.courts.state.co.us/Administration/Unit.cfm?Unit=Probate
Helpful Hints
- Act quickly — delays can make it harder to protect assets or preserve evidence.
- Keep everything in writing and preserve originals of any documents you already have (copies of the will, emails, texts, photos).
- Don’t try to force entry into someone else’s home or vehicle — use legal process instead of confrontation.
- If the step-sister is an executor or otherwise has control of estate property, ask the court for temporary relief to protect assets.
- If you suspect criminal conduct (destruction, theft, or tampering with the will) contact the police and your attorney; criminal remedies are separate from probate remedies.
- Be prepared to produce witnesses who can testify about seeing the original will or about conversations with your father about the will.
- Even if you have only a copy, you can still proceed — courts admit copies with sufficient proof of authenticity and explanation of an absent original.
- Consider mediation or negotiation if family relationships and cooperation could resolve the dispute faster and with less cost than litigation.
If you want, tell me (1) whether you have a copy of the will, (2) whether your step-sister was named in the will or appointed executor, and (3) the county where your father lived. With that, I can outline likely next procedural steps and a basic timeline specific to Colorado courts.