Court Safekeeping of Original Wills in Colorado

Short answer Colorado allows a testator or the testator's agent to deposit a will with any court for safekeeping under that court's rules. The will must be sealed and kept confidential. During the testator's life, only the testator or a person authorized in a signed writing may receive it; after death, the court lodges it in its records.

State

Colorado

Statute checked

October 5, 2026

Sources

3 statutes

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At a glance

Statutory safekeeping route	Voluntary lifetime deposit under court rules (§ 15-11-515).
Who may deposit	Testator or testator's agent (§ 15-11-515).
Proper court or clerk	Any court, subject to court rules (§ 15-11-515).
Envelope and filing record	Will sealed; further deposit procedure governed by court rules (§ 15-11-515).
Fee and receipt	No fee or receipt specified in deposit section; court rules govern (§ 15-11-515).
Custody before death	Sealed and confidential; conservator examination may be allowed with safeguards (§ 15-11-515).
Retrieval before death	Testator or recipient authorized in testator-signed writing (§ 15-11-515).
Notice after death	On learning of death, court lodges deposited will in its records (§ 15-11-516(1)).
Opening and release after death	Court transfers lodged will on petition or application showing proper venue elsewhere (§ 15-11-516(2)).

Requirements one by one

Deposit and sealed custody

Under § 15-11-515, a testator or agent may deposit a will with any court for safekeeping under the court's rules. The will must be sealed and kept confidential. A conservator may be allowed to examine a protected testator's deposited will, but the procedure must protect confidentiality as far as possible and ensure the will is resealed and kept on deposit.

Retrieval and action after death

During life, § 15-11-515 allows delivery only to the testator or a recipient authorized by a writing signed by the testator. When the court learns of death, it lodges the deposited will in its records (§ 15-11-516(1)). On a petition or application showing proper venue in another state or Colorado county, it orders transfer to the court with probate jurisdiction (§ 15-11-516(2)).

What trips people up

The deposit section leaves procedural details to court rules; it does not set a statewide fee or require a statutory receipt (§ 15-11-515). The deposited will remains confidential during the testator's life, including when a conservator is allowed to examine it.

Common questions

Must the court be in the testator's county of residence? Section 15-11-515 says the will may be deposited with any court, under that court's rules.

Does the agent's ability to deposit also allow the agent to retrieve it? The retrieval rule is separate: § 15-11-515 requires a writing signed by the testator to authorize a recipient during the testator's life.

Statutes and sources

Colo. Rev. Stat. §§ 15-11-515 and 15-11-516(1)–(2): current official 2026 Title 15, quoted with the source URL and access date above.

Source links

Every statute quoted above, linked, with the date we checked it.

Colo. Rev. Stat. § 15-11-515 · accessed 2026-10-05

Colo. Rev. Stat. § 15-11-516(1) · accessed 2026-10-05

Colo. Rev. Stat. § 15-11-516(2) · accessed 2026-10-05

This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court's authorized procedure before acting.

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