Can a prenuptial agreement affect a life estate or my inheritance in Colorado, and what can I do if the executor refuses to provide it?

Short answer: Yes — a valid Colorado prenuptial agreement can change property and inheritance rights that otherwise might create or affect a life estate or your share of an estate. If the personal representative (executor) refuses to provide a copy of the agreement or other estate records, beneficiaries can demand the documents in writing and, if necessary, ask the probate court to compel production and to enforce rights. This is a high-level explanation and not legal advice.

Detailed answer — how prenuptial agreements interact with life estates and heir shares in Colorado

1. Why a prenuptial agreement can matter after a spouse dies

Under Colorado law, a prenuptial (premarital) agreement—when properly executed—governs the parties’ rights in property and can change what would otherwise be community or marital claims on property. That means it can affect what the surviving spouse receives and, indirectly, what the decedent’s heirs (children, other relatives) receive from the decedent’s estate.

Common ways a prenup can affect an estate distribution or a life estate:

It can identify property as separate rather than marital property, removing it from distribution under marital-property rules.
It can waive a surviving spouse’s right to an elective share or other statutory protections, so the spouse receives less (or nothing) by operation of the agreement.
It can require or prohibit certain testamentary dispositions (for example, directing separate property to pass only to children).
If a will or trust purports to give a surviving spouse a life estate, the underlying classification of the property (separate vs. marital) or a prenup waiver can change whether that life estate applies or how much of the asset is subject to it.

2. Conditions for enforcement of a prenup in Colorado

Colorado follows the Uniform Premarital Agreement Act principles: a premarital agreement must be in writing and signed by both parties to be enforceable. Courts will enforce a prenup unless it is invalid for reasons such as involuntary signing, fraud, duress, unconscionability, or failure to provide adequate disclosure (unless disclosure was knowingly and voluntarily waived). See the Colorado Revised Statutes on premarital agreements for statutory standards and defenses (search Colorado Revised Statutes for the Uniform Premarital Agreement Act).

If a prenup is valid, it generally controls over contrary testamentary language. But a court can set a prenup aside (or refuse to enforce parts of it) if one spouse can prove statutory defenses such as fraud, duress, or unconscionability at the time the agreement was signed.

3. How life estates interact with prenups

A life estate is an interest created by a deed, will, or trust that gives someone (for example, the surviving spouse) the right to use property for life. Whether a life estate effectively transfers value away from children or other heirs can depend on:

Who holds title to the property (separate property vs. jointly owned or marital property).
Whether a prenup treated that property as separate or altered the spouse’s rights to that property.
Whether the will/trust or deed creating the life estate conflicts with the prenup (the prenup typically prevails if valid).

In short, if the prenup changed the surviving spouse’s entitlement to the asset that is the subject of the life estate, the prenup can alter who ultimately benefits and therefore affect your share.

4. What to do if the executor refuses to provide a copy of the prenuptial agreement or estate records

Executors (personal representatives) have duties to administer the estate, provide notice to interested persons, and keep beneficiaries informed. If an executor refuses to hand over or allow inspection of relevant estate documents, you have several practical and legal options:

Ask in writing. Send a clear, written demand (certified mail, return receipt) requesting a copy of the prenup and any relevant estate inventory, accounting, will, or trust documents. Keep a copy of your request and proof of delivery.
Request an accounting or inventory. Beneficiaries commonly have the right to see an inventory of estate assets and periodic accountings. If the executor has filed for probate, the probate court provides procedures to request production of the estate inventory and accountings.
Contact the judge or court clerk. If probate has begun, the court can compel disclosure. You (or your attorney) can file a motion in probate court to compel production of the prenup or other records, or to compel the executor to file an inventory/accounting. The court can order the personal representative to produce documents and can impose sanctions for failure to comply.
Ask the court to determine the agreement’s validity or enforce beneficiary rights. If the prenup exists and its contents affect your inheritance, you can petition the probate court for a declaratory judgment about the prenup’s enforceability and how it affects distribution, or for relief if the personal representative is breaching fiduciary duties.
Consider removal or surcharge actions. If the executor is hiding documents or acting in bad faith, beneficiaries can ask the court to remove the personal representative or to surcharge (financially penalize) them for losses caused by misconduct.
Talk to an attorney experienced in Colorado probate and family/property law. An attorney can draft the demand, file the right motions, and advise you on timing and strategy (for example, whether to file an emergency motion).

These remedies typically require going to the probate court where the estate is being administered. If the estate is not yet in probate but the executor is a nominated personal representative, you may still be able to ask the probate court to open the estate and order discovery.

5. Evidence and practical tips

If you suspect a prenup exists, ask the surviving spouse, the family’s attorney, or the law firm that may have handled the agreement. Prenups are often kept by one spouse’s attorney or stored with other estate documents.
Search public records if the asset in question is real property: deeds, life-estate deeds, or recorded instruments may show whether a life estate exists.
Gather relevant documents: marriage certificate, will or trust copies, deed records, bank statements showing titles, correspondence with the executor.
Keep a written record of all requests, calls, and responses from the executor or other parties.

Helpful hints

Start promptly: probate and contest deadlines are time-limited. Acting early preserves your options.
Make written demands and keep proof of delivery; courts favor documented attempts to obtain records informally before hearings.
Ask the court for an accounting or inventory if you are a known beneficiary or interested person; the court can compel production.
If you think the prenup is unfair or was obtained by fraud or duress, discuss defenses with an attorney — those defenses are weighed against the presumption that a signed prenup is enforceable.
Even if an executor resists, the probate court is the place to resolve disputes about documents, fiduciary duties, validity of agreements, and distribution of estate assets.
Use the Colorado Revised Statutes and local court rules as starting references: premarital agreements and probate administration are governed by Colorado statutes and the local probate court’s procedures. You can find Colorado statutes and titles at the Colorado General Assembly site: https://leg.colorado.gov/colorado-revised-statutes

Where to look in the statutes

Colorado’s rules on premarital agreements appear under the statutory provisions that implement premarital agreement law (search the Colorado Revised Statutes for the premarital agreement/Uniform Premarital Agreement Act provisions). Probate, the duties of personal representatives, and the procedures to obtain inventories and accountings are in Colorado’s probate statutes (Title 15 and related sections). For statutes, visit the Colorado General Assembly’s statutes page: https://leg.colorado.gov/colorado-revised-statutes

Next practical steps

Send a written demand to the executor for the prenup and for a copy of the will/trust and inventory (certified mail).
If you do not get a response, consult a Colorado probate attorney about filing a motion in probate court to compel disclosure and to protect your rights.
Collect and preserve all possible evidence about property ownership, deeds, and communications about the prenup.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. For advice about your specific situation, consult a licensed Colorado attorney who handles probate and premarital agreement matters.