Chapter 53 - § 53.4 • INFORMAL|FORMAL PROBATE

• Jurisdiction: Colorado

§ 53.4 • INFORMAL/FORMAL PROBATE

If a petition for determination of testacy or intestacy of the decedent is filed after the filing of an application for informal probate of a will or codicil, the petition should seek to set aside the informal probate of the will and to determine intestacy and heirs, or to prevent informal probate for which an application is pending. C.R.S. § 15-12-401. Where there are competing petitions for testacy or intestacy, informal probate is unavailable. The filing of competing petitions should preclude the registrar of the probate court from taking action on any pending application for informal probate or appointment of a personal representative. C.R.S. § 15-12-401(3).

The objection to the application for informal probate or appointment should state reasons why a particular will or codicil should not be admitted to probate. C.R.S. § 15-12-404. Notice must be given to all interested...