Colorado § 15-12-303 Informal probate - proof and findings required

Colorado Statutes

§ 15-12-303 — Informal probate - proof and findings required

Colorado·Title 15 Probate,·Art. Probate of Wills and Administration

(1)In an informal proceeding for original probate of a will, the registrar shall determine that:

(a)The application is complete;

(b)The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;

(c)The applicant appears from the application to be an interested person as defined in section 15-10-201 (27);

(d)On the basis of the statements in the application, venue is proper;

(e)An original, duly executed, and apparently unrevoked will is in the registrar's possession;

(f)Any notice required by section 15-12-204 has been given and that the application is not within section 15-12-304;

(g)It appears from the application that the time limit for original probate has not expired; and

(h)One hundr

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(1) In an informal
proceeding for original probate of a will, the registrar shall determine that:

(a) The application is complete;

(b) The applicant has made oath or affirmation that the statements
contained in the application are true to the best of his knowledge and belief;

(c) The applicant appears from the application to be an interested person as
defined in section 15-10-201 (27);

(d) On the basis of the statements in the application, venue is proper;

(e) An original, duly executed, and apparently unrevoked will is in the
registrar's possession;

(f) Any notice required by section 15-12-204 has been given and that the
application is not within section 15-12-304;

(g) It appears from the application that the time limit for original probate has
not expired; and

(h) One hundred twenty hours have elapsed since decedent's death.

(2) The application shall be denied if it indicates that a personal
representative has been appointed in another county of this state or, except as
provided in subsection (4) of this section, if it appears that this or another will of the
decedent has been the subject of a previous probate order.

(3) A will which appears to have the required signatures and which contains
an attestation clause showing that requirements of execution under section 15-11-502, 15-11-503, or 15-11-506 have been met shall be probated without further proof.
In other cases, the registrar may assume execution if the will appears to have been
properly executed, or he may accept a sworn statement or affidavit of any person
having knowledge of the circumstances of execution, whether or not the person
was a witness to the will.

(4) Informal probate of a will which has been previously probated elsewhere
may be granted at any time upon written application by any interested person,
together with deposit of an authenticated copy of the will and of the statement
probating it from the office or court where it was first probated.

(5) A will from a place which does not provide for probate of a will after
death and which is not eligible for probate under subsection (1) of this section may
be probated in this state upon receipt by the registrar of a duly authenticated copy
of the will and a duly authenticated certificate of its legal custodian that the copy
filed is a true copy and that the will has become operative under the law of the
other place.

Colorado § 15-12-303 (Informal probate - proof and findings required) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.