Colorado § 15-12-406 Formal testacy proceedings - contested cases

Colorado Statutes

§ 15-12-406 — Formal testacy proceedings - contested cases

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

(1)In a contested case in which the proper execution of a will is at issue, the following rules apply:

(a)If the will is self-proved pursuant to section 15-11-504, the will satisfies the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgment and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit.

(b)If the will is notarized pursuant to section 15-11-502 (1)(c)(II), but not self-proved, there is a rebuttable presumption that the will satisfies the requirements for execution upon filing the will.

(c)If the will is witnessed pursuant to section 15-11-502 (1)(c)(I), but not notarized or self-proved, the testimony of at least one of the attesti

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(1) In a
contested case in which the proper execution of a will is at issue, the following
rules apply:

(a) If the will is self-proved pursuant to section 15-11-504, the will satisfies
the requirements for execution without the testimony of any attesting witness,
upon filing the will and the acknowledgment and affidavits annexed or attached to
it, unless there is evidence of fraud or forgery affecting the acknowledgment or
affidavit.

(b) If the will is notarized pursuant to section 15-11-502 (1)(c)(II), but not self-proved, there is a rebuttable presumption that the will satisfies the requirements
for execution upon filing the will.

(c) If the will is witnessed pursuant to section 15-11-502 (1)(c)(I), but not
notarized or self-proved, the testimony of at least one of the attesting witnesses is
required to establish proper execution if the witness is within this state, competent,
and able to testify. Proper execution may be established by other evidence,
including an affidavit of an attesting witness. An attestation clause that is signed
by the attesting witnesses raises a rebuttable presumption that the events recited
in the clause occurred.

Colorado § 15-12-406 (Formal testacy proceedings - contested cases) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 73: R&RE, p. 1576, � 1. C.R.S. 1963: � 153-3-406. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1687, � 16, effective July 1, 2010.