Colorado § 15-12-407 Formal testacy proceedings - burdens in contested cases

Colorado Statutes

§ 15-12-407 — Formal testacy proceedings - burdens in contested cases

Colorado § 15-12-407

Title 15Probate,

Art.Probate of Wills and Administration

This text of Colorado § 15-12-407 (Formal testacy proceedings - burdens in contested cases) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 15-12-407 (2026).

Text

In
contested cases, petitioners who seek to establish intestacy have the burden of
establishing prima facie proof of death, venue, and heirship. Proponents of a will
have the burden of establishing prima facie proof of due execution in all cases, and,
if they are also petitioners, prima facie proof of death and venue. Contestants of a
will have the burden of establishing lack of testamentary intent or capacity, undue
influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of
persuasion as to matters with respect to which they have the initial burden of proof.
If a will is opposed by the petition for probate of a later will revoking the former, it
shall be determined first whether the later will is entitled to probate, and, if a will is
opposed by a peti

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In
contested cases, petitioners who seek to establish intestacy have the burden of
establishing prima facie proof of death, venue, and heirship. Proponents of a will
have the burden of establishing prima facie proof of due execution in all cases, and,
if they are also petitioners, prima facie proof of death and venue. Contestants of a
will have the burden of establishing lack of testamentary intent or capacity, undue
influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of
persuasion as to matters with respect to which they have the initial burden of proof.
If a will is opposed by the petition for probate of a later will revoking the former, it
shall be determined first whether the later will is entitled to probate, and, if a will is
opposed by a petition for a declaration of intestacy, it shall be determined first
whether the will is entitled to probate.