Chapter 53 - § 53.6 • FEES AND COSTS OF THE PROPONENT AND CONTESTANT

• Jurisdiction: Colorado

§ 53.6 • FEES AND COSTS OF THE PROPONENT AND CONTESTANT

As long as the contest is defended or prosecuted in good faith, the personal representative or the person nominated as personal representative is permitted to recover his or her expenses for defending or prosecuting a will. C.R.S. § 15-12-703. A contestant who prevails may recover attorney fees and costs. Id.

When an objection is filed without probable cause, there may be a cause of action after the will contest for malicious prosecution or tortious interference with the right to inherit. Generally, the party seeking damages on tort claims...