Detailed Answer
First, search the decedent’s personal records. Check files, desk drawers, safe deposit boxes and home safes. Many people store original wills among personal papers.
Second, contact the county clerk and recorder. Colorado does not require pre-death will registration, but some individuals voluntarily record wills. The clerk can confirm if any estate planning documents are on file.
Third, look for probate filings. Colorado law requires a person in possession of a will to present the original will to the probate court within 10 days of learning of the decedent’s death (C.R.S. § 15-12-501). You can search filings using the Colorado Judicial Branch Public Access system: Colorado Courts Public Access.
Fourth, contact professionals who may have assisted the decedent. Attorneys, financial advisors and estate planners often keep copies of wills, trusts and powers of attorney.
Fifth, verify formal validity. Under Colorado law, a valid will must be signed by the decedent in the joint presence of two qualified witnesses (C.R.S. § 15-11-502). If the will includes a self-proving affidavit, courts treat it as valid without additional witness testimony (C.R.S. § 15-11-503).
Helpful Hints
- Document each search step for court records.
- Check email accounts and cloud storage for digital copies.
- Ask family members or executors for leads on document locations.
- Consider a probate attorney if you cannot locate any documents but suspect their existence.
- Keep copies of all correspondence with courts and professionals.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an attorney to discuss your specific situation.