Disclaimer: This article is for educational purposes only and does not constitute legal advice.
How to Locate Original Wills and Codicils Before Opening Probate in Colorado
Detailed Answer
1. Contact the Decedent’s Attorney and Family
Start by asking close family members and the decedent’s regular estate planning attorney if they hold the original will or codicil. Attorneys often keep the final signed document for safekeeping. If you locate it in an attorney’s files, request a certified copy.
2. Search Safe Deposit Boxes
Many people store original wills in bank safe deposit boxes. Under C.R.S. 15-5-207, you may petition the probate court for an order to open a deceased person’s safe deposit box if the bank refuses access. Review bank statements or safe deposit agreements to identify accounts that may contain a will.
Reference: C.R.S. 15-5-207.
3. Review Personal Records and Storage Sites
Search the decedent’s home, office, filing cabinets, and digital inventories. Look for labeled folders, lockboxes, or fireproof safes. Review email accounts, cloud storage, and personal finance software where scanned documents may indicate a physical location.
4. Query Banks, Brokers, and Financial Institutions
Contact the decedent’s primary bank, brokerage, or financial advisor. Some institutions store wills and codicils on behalf of clients. Ask about any records of will deposits, safe custody agreements, or file holds.
5. Check with the County Clerk and Recorder
Colorado does not maintain a statewide repository for original wills. However, some counties allow voluntary will deposit with the clerk and recorder. Contact the clerk’s office in the county where the decedent lived to inquire about any filed documents.
6. Verify Authenticity of the Document
Once you find the original will or codicil, confirm it meets Colorado statutory requirements:
- Signed by the testator and witnessed by two qualified witnesses.
- Contains an attestation clause with witness signatures.
- Meets the requirements under C.R.S. 15-11-502 for execution formalities.
If doubts remain, you can petition the district court to admit the document to probate under the due execution provisions in C.R.S. 15-12-201.
Helpful Hints
- Keep a centralized checklist of individuals and institutions to contact.
- Document all communications and store any found originals in a secure, labeled envelope.
- Secure multiple certified copies once you locate the original will.
- Consider hiring a probate paralegal or clerk familiar with Colorado procedures.
- Prepare to file a verified petition for probate promptly to protect estate assets.