§ 13-1-105 — Procedure where probate records destroyed

Colorado § 13-1-105

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: General Provisions

Text

In case of the
destruction by fire or otherwise of the records, or a part thereof, of any court having
probate jurisdiction, the court may proceed, upon its own motion or upon the
application in writing of any party in interest, to restore the records, papers, and
proceedings of the court relating to the estate of deceased persons, including
recorded wills and wills probated or filed for probate in said court. The power of
restoration granted in this section shall also extend to the records, papers,
proceedings, and documents of any previous court of probate which are or should
be in the custody of a probate or district court. For the purpose of restoring said
records, wills, papers, or proceedings, or any part thereof, the court may cause
citations to be issued to all parties to be designated by it and may compel the
attendance in court of any witness whose testimony may be necessary to establish
any such record, or part thereof, and the production of any and all written and
documentary evidence which it deems necessary in determining the true import and
effect of the original record, will, paper, or other document belonging to the files of
the court, and may make such orders and decrees establishing such original record,
will, paper, document, or proceeding, or the substance thereof, as to it seems just
and proper. The court may make all such rules and regulations governing the
proceedings for the restoration of the record, will, paper, document, and
proceeding pertaining to the court as in its judgment will best secure the rights and
protect the interests of all parties concerned.

Legislative History

Source: L. 1889: p. 109, � 3. R.S. 08: � 1398. C.L. � 5616. CSA: C. 46, � 7. CRS 53: � 37-1-6. C.R.S. 1963: � 37-1-6. L. 64: p. 224, � 56.