Chapter 53 - § 53.10 • BURDENS OF PROOF — CONTESTED CASES

• Jurisdiction: Colorado

§ 53.10 • BURDENS OF PROOF — CONTESTED CASES

The person seeking to establish intestacy has the burden to establish prima facie proof of death, venue, and heirship. The proponents of the will have the burden of due execution, venue, and the fact of death. The burden is on the will contestant to show lack of testamentary capacity, fraud, undue influence, duress, mistake, or revocation. The ultimate burden of persuasion is on whoever has the initial burden of proof. C.R.S. § 15-12-407. The burden of proof as to both testamentary capacity and undue influence is by a preponderance of the evidence. C.R.S. § 13-25-127(1); CJI-Civ. 34:17 (CLE ed. 2020).

The law...