Chapter 53 - § 53.3 • STATUTE OF LIMITATIONS TO CONTEST WILLS AND TRUSTS

• Jurisdiction: Colorado

§ 53.3 • STATUTE OF LIMITATIONS TO CONTEST WILLS AND TRUSTS

Generally, under the Colorado Probate Code (CPC), the time imposed to file a will contest is three years from the decedent's date of death. C.R.S. § 15-12-108(1). However, review of C.R.S. § 15-12-108 is recommended, as there are a number of exceptions to this time limit, such as a previously probated will, where doubt exists as to the decedent's death, when a later will is discovered, construction of wills, and appointment proceedings. C.R.S. § 15-12-108(2).

If there has been informal probate of a will, any proceeding to contest that will must take place within the later of 12 months from informal probate or three years from the death of the decedent, with certain exceptions. C.R.S. § 15-12-108(1)(c). If there has been a formal order finding intestacy or admitting...