Detailed answer: What happens when an estate is contested and how to protect your inheritance

When someone contests an estate in Colorado, they are asking the probate court to disregard or alter a will, trust, or the actions of a personal representative (executor). Common contest grounds include lack of testamentary capacity, undue influence, improper execution, fraud, or a more recent valid will. A contest can slow distribution, increase costs, and threaten all or part of an intended inheritance.

Key Colorado legal framework and where to read the law

Colorado handles wills, probate, and trust disputes under Title 15 of the Colorado Revised Statutes (Probate, Trusts, and Fiduciaries). For an overview of the statutes, see Colorado Revised Statutes, Title 15: leg.colorado.gov – Title 15 (Probate). For practical court forms and procedural guidance, see the Colorado Judicial Branch probate forms and information pages: courts.state.co.us – Probate Forms & Information.

Practical steps to preserve an inheritance

1. Act quickly. Probate disputes move on court schedules. Preserve evidence and deadlines by taking prompt action once you learn of a contest.
2. Get copies of estate documents. Obtain the will, trust documents, death certificate, and any beneficiary designations (life insurance, retirement accounts). Ask the personal representative for an inventory and accounting.
3. Secure assets. If you are in possession of property or records that relate to the estate, keep them safe and document their chain of custody. Avoid changing anything that could be evidence.
4. Contact a Colorado probate attorney right away. An experienced attorney can explain deadlines, file necessary pleadings, advise whether to join or oppose a contest, and negotiate settlements. Use the Colorado Bar Association lawyer referral if you need help locating counsel.
5. Understand who is an “interested person.” In Colorado probate proceedings, only interested persons (heirs, beneficiaries, creditors) usually have standing to contest. Your attorney can confirm your status and rights under the relevant statutes in Title 15.
6. Preserve and gather evidence. For contests alleging incapacity or undue influence, collect medical records, witness statements, emails, and financial records showing who managed the decedent’s affairs and how decisions were made.
7. Consider settlement and mediation. Many disputes end through negotiation or court-ordered mediation. Settling can limit fees and speed distribution while protecting at least part of the inheritance.
8. Challenge improper challenges and protect your role. If someone improperly seeks to remove the personal representative or freeze assets without cause, your attorney can move for relief—such as asking the court to enforce bond requirements or to appoint a special administrator—under the probate rules and Title 15 authorities.

Common legal issues in Colorado will and estate contests

• Testamentary capacity: Did the decedent understand the nature of their property and the effect of the will when they signed it? Medical and witness evidence matter.
• Undue influence: Was someone exerting excessive pressure, isolating the decedent, or controlling their decisions to change beneficiaries?
• Improper execution: Colorado law requires formal execution of wills; an invalid signing process can void a will (see Title 15 statutes).
• Fraud or forgery: Did someone forge signatures or misrepresent facts to obtain a benefit?
• Trust disputes: If the asset sits in a trust, contests proceed under trust-related provisions of Title 15 and may use different procedures than probate.

How courts resolve contests and what to expect procedurally

If a contest is filed, the probate court will set timelines for pleadings, discovery (document requests, depositions), and hearings. Evidence matters: testimony from the will signer’s physicians, caregivers, or witnesses to the signing is often decisive. The court weighs credibility, documents, and legal standards from Title 15 and related case law.

Ways to protect inheritances earlier (preventive planning)

Preventive steps a person can take while alive reduce the chances of successful contests:

• Create clear estate documents with an attorney and follow formal signing rules.
• Use trusts for assets you want to keep outside probate or to set clear distribution terms.
• Keep comprehensive records of estate planning meetings, medical evaluations, and who attended signing sessions.
• Use beneficiary designations and payable-on-death accounts where appropriate to avoid probate exposure.
• Discuss plans with family members or explain reasons in a letter of intent to reduce surprises that often trigger contests.

Hypothetical example

Hypothetical facts: Your aunt executed a will naming you as primary beneficiary of her house and bank accounts. After she died, a sibling filed a contest alleging undue influence because they helped care for her final months. What you should do: obtain the will and medical records, preserve communications that show your aunt’s independent wishes (emails, letters, statements from friends or the drafting attorney), contact a Colorado probate attorney, and consider mediation if the sibling’s claim has some factual basis. If the contest is weak, your attorney can file pleadings asking the court to dismiss or resolve the matter quickly.

Helpful Hints

• Keep calm and act fast. Time-sensitive steps and court deadlines can affect your rights.
• Document everything. Date-stamped records, copies of emails, and witness contact details strengthen your position.
• Do not destroy or hide documents—even if you think doing so helps. That can backfire legally.
• Ask the personal representative in writing for an inventory and accounting if you do not receive one. Colorado law requires certain disclosures in probate proceedings (see Title 15).
• Consider a limited-scope engagement with a probate attorney if you need help for a discrete step (e.g., filing a response or requesting emergency relief).
• Evaluate alternatives: settlement, mediation, or negotiation often save time and money compared with prolonged litigation.
• Learn the basics of how the Colorado probate court operates by visiting the Colorado Judicial Branch probate pages: Probate Forms & Info.
• Review Title 15 of the Colorado Revised Statutes for the governing rules: Colorado Revised Statutes, Title 15.