Disclaimer: This article is for informational purposes only and is not legal advice. Always consult a qualified attorney to address your specific situation.
Detailed Answer
During probate administration in Colorado, the executor or personal representative must locate and file the decedent’s original will (or, if necessary, a filed copy). Here’s how:
1. Locate the Original Will
Start by checking:
- Safe deposit boxes (may require court order to access).
- Home office, filing cabinets, or personal papers.
- Attorney or law firm files (contact the attorney for releases).
- State archives if the decedent used Colorado’s will deposit service under C.R.S. §15-12-307 (leg.colorado.gov).
2. Obtain a Certified Filed Copy (If Original Is Unavailable)
If the original is lost or held by another probate court, you can:
- Request a certified copy from the clerk of the court where it was probated. Colorado clerks typically charge a small fee per certified copy.
- If no copy exists, follow the lost will procedure under C.R.S. §15-12-404 (leg.colorado.gov). You must:
- File an affidavit explaining the circumstances of loss or destruction.
- Obtain testimony from at least two credible witnesses who saw the decedent execute the will.
3. File the Will With the Probate Court
Under Colorado’s Probate Code, the executor must file the original or certified copy of the will with the court in the county where the decedent resided at death:
- Complete and file a petition for probate and appointment of personal representative.
- Attach the original will (or certified copy) to the petition. See C.R.S. §15-12-301 (leg.colorado.gov).
- Pay the filing fee (varies by county, generally $200–$300).
4. Provide Notice and Obtain Court Order
After filing, you must:
- Publish a notice to creditors (if required).
- Mail notice to beneficiaries named in the will and heirs-at-law.
- Attend any hearings and obtain the court’s order admitting the will to probate.
5. Distribute Certified Copies
Once the will is admitted, request certified copies of the probate order and will. Use these for banks, real estate transfers, and other institutions.
Helpful Hints
- Keep a log of where you found the will and all copies you create.
- Secure certified copies early to avoid delays with banks or title companies.
- Contact the local probate clerk’s office for county-specific forms and fees.
- If the will is in a safe deposit box, file a motion with the probate court to gain access before opening it.
- Consider consulting an attorney if you encounter objections, missing originals, or complex estate assets.