Colorado Will Contest / Caveat Petition Package

COLORADO WILL CONTEST / CAVEAT PETITION PACKAGE

Formal Testacy Proceeding to Set Aside Informally Probated Will

PART 1 — PRE-SUIT INVESTIGATION CHECKLIST

Client/Contestant: [________________________________]
Decedent: [________________________________]
Date of Death: [__/__/____]
County of Probate: [________________________________] County, Colorado
Probate Case No.: [________________________________]
Date of Informal Probate / Letters Issued: [__/__/____]
Personal Representative: [________________________________]
Will Date: [__/__/____]
Statute of Limitations Deadline (12 months from informal probate): [__/__/____]

A. Standing — "Interested Person" under C.R.S. § 15-10-201(27)

☐ Confirm contestant is "interested person" (heir, devisee under contested or prior will, creditor, fiduciary)
☐ Compute intestate share if will set aside
☐ Compute share under prior valid will (if any)
☐ Confirm contestant has economic stake (would inherit more without contested will)
☐ Document family tree / heirship chart

B. The Contested Will

☐ Obtain certified copy of will admitted to informal probate
☐ Obtain register's statement and application for informal probate
☐ Identify and locate subscribing witnesses
☐ Identify notary (if self-proved under C.R.S. § 15-11-504)
☐ Obtain drafting attorney's file (subject to attorney-client privilege analysis post-death)
☐ Identify all prior wills and codicils
☐ Determine whether contested will revokes prior wills (C.R.S. § 15-11-507)

C. Capacity Investigation (C.R.S. § 15-11-501)

☐ Obtain medical records for 5 years before and 1 year after will execution
☐ Treating physician records (primary care, neurology, psychiatry)
☐ Hospital admissions, ER visits
☐ Cognitive assessments (MMSE, MoCA, neuropsych evaluations)
☐ Diagnoses: dementia, Alzheimer's, delirium, stroke, brain tumor, medication effects
☐ Pharmacy records — psychoactive medications, opioids, sedatives
☐ Long-term care / assisted living records
☐ Adult Protective Services reports (CDHS)
☐ Power of attorney activations
☐ Banking irregularities suggesting impaired decision-making

D. Undue Influence Investigation — Krueger v. Ary Four-Factor Test

Colorado follows Krueger v. Ary, 205 P.3d 1150 (Colo. 2009). Contestant must show:

☐ (1) Susceptibility of testator to undue influence (physical/mental weakness, dependency)
☐ (2) Opportunity of alleged influencer to exert influence (proximity, isolation of testator)
☐ (3) Disposition of alleged influencer to exert improper influence
☐ (4) Result appearing to be effect of such influence (unnatural disposition)

Confidential/fiduciary relationship + active procurement may shift burden of going forward:

☐ Was beneficiary in confidential relationship (caregiver, attorney-in-fact, child, clergy)?
☐ Did beneficiary participate in procurement (selected attorney, was present at execution, provided instructions)?
☐ Was testator isolated from family/friends?
☐ Were drastic changes to estate plan made shortly before death?
☐ Was new attorney used (replacing long-time counsel)?

E. Fraud / Duress

☐ Fraud in execution (misrepresentation of document being signed)
☐ Fraud in inducement (false statements influencing testamentary intent)
☐ Threats, coercion, isolation
☐ Forgery — handwriting expert engagement

F. Improper Execution (C.R.S. § 15-11-502)

☐ Writing requirement
☐ Signed by testator (or in testator's name by another in testator's conscious presence at testator's direction)
☐ Signed by at least two competent witnesses within reasonable time of witnessing signing or acknowledgment
☐ Witnesses' competence and disinterest (note: Colorado permits interested witnesses, C.R.S. § 15-11-505)
☐ Self-proving affidavit defects (C.R.S. § 15-11-504)
☐ Holographic will issues — material portions in testator's handwriting (C.R.S. § 15-11-502(2))

G. Revocation / Subsequent Will

☐ Search for later will or codicil
☐ Search for evidence of physical revocation (C.R.S. § 15-11-507)
☐ Dependent relative revocation issues
☐ Lost will / spoliation

H. No-Contest Clause Analysis

☐ Identify in terrorem / no-contest clause in contested will
☐ Colorado enforces such clauses but probable cause exception applies (C.R.S. § 15-11-517; § 15-12-905)
☐ Document probable cause for contest

I. Litigation Hold and Evidence Preservation

☐ Send preservation letter to personal representative, drafting attorney, financial institutions
☐ Preserve electronic communications (email, text, social media)
☐ Photographic / video evidence of testator
☐ Witness statements (locked-in via declaration before memories fade)

PART 2 — NOTICE OF CAVEAT / DEMAND FOR NOTICE

DISTRICT COURT, [________________] COUNTY, COLORADO

Court Address: [________________________________]

DEMAND FOR NOTICE (C.R.S. § 15-12-204)

TO THE PERSONAL REPRESENTATIVE AND THE REGISTRAR OF THIS COURT:

PLEASE TAKE NOTICE that [CONTESTANT'S NAME], an interested person in the above-captioned estate, hereby demands notice of any order or filing pertaining to this estate, including but not limited to:

1. Any application or petition for probate of any will;
2. Any application or petition for appointment of a personal representative;
3. Any inventory, accounting, or report;
4. Any petition for distribution, sale of estate property, or compromise;
5. Any petition for closing or settlement of the estate.

The undersigned is an interested person as defined by C.R.S. § 15-10-201(27) by virtue of being: ☐ heir at law ☐ devisee under prior will dated [__/__/____] ☐ creditor ☐ other: [________________________________].

Address for Notice:
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Dated: [__/__/____]

_______________________________
[CONTESTANT NAME / COUNSEL]
Attorney Reg. No.: [________]
[Firm Name and Address]

PART 3 — VERIFIED PETITION FOR FORMAL TESTACY PROCEEDINGS TO SET ASIDE INFORMAL PROBATE

DISTRICT COURT, [________________] COUNTY, COLORADO

Case Number: [________________________________]
Division: [________]

VERIFIED PETITION FOR FORMAL TESTACY PROCEEDINGS, TO SET ASIDE INFORMAL PROBATE OF WILL, AND FOR DETERMINATION OF HEIRS

Petitioner [CONTESTANT'S FULL NAME], by and through undersigned counsel, pursuant to C.R.S. §§ 15-12-401, 15-12-402, 15-12-407, and 15-12-412, respectfully petitions this Court as follows:

I. PARTIES AND JURISDICTION

1. Petitioner [CONTESTANT] is a resident of [________________], [State], and is an "interested person" within the meaning of C.R.S. § 15-10-201(27), being [☐ a child / ☐ spouse / ☐ heir at law / ☐ devisee under prior will dated __/__/____] of Decedent.

2. Decedent [DECEDENT'S FULL NAME] died on [__/__/____], while domiciled in [________________] County, Colorado.

3. This Court has jurisdiction under C.R.S. § 13-9-103 and § 15-10-302, and venue is proper under C.R.S. § 15-12-201.

4. On [__/__/____], the Registrar of this Court informally admitted to probate a document dated [__/__/____] (the "Purported Will") and issued Letters Testamentary to [PERSONAL REPRESENTATIVE].

5. This Petition is timely filed within twelve (12) months of informal probate as required by C.R.S. § 15-12-108 and § 15-12-412.

II. INTERESTED PERSONS

The following persons are interested persons entitled to notice under C.R.S. § 15-12-403:

III. FACTUAL BACKGROUND

6. Decedent's family consists of: [________________________________].

7. On [__/__/____], Decedent executed a prior will (the "Prior Will") providing [________________________________].

8. On [__/__/____], approximately [____] [days/months] before Decedent's death, the Purported Will was executed under the following circumstances: [________________________________].

9. Material differences between the Prior Will and the Purported Will include: [________________________________].

10. At the time the Purported Will was executed, Decedent suffered from: [________________________________].

IV. GROUNDS FOR CONTEST

COUNT ONE — LACK OF TESTAMENTARY CAPACITY (C.R.S. § 15-11-501)

11. Petitioner incorporates paragraphs 1–10.

12. At the time of execution of the Purported Will, Decedent lacked testamentary capacity in that Decedent did not (a) understand the nature and extent of Decedent's property; (b) know the natural objects of Decedent's bounty; (c) understand the disposition Decedent was making; and/or (d) form an orderly plan or scheme of distribution.

13. Decedent suffered from [diagnosis: ____________________] documented by [physician/records] and could not meet the standard set in Cunningham v. Stender, 127 Colo. 293, 255 P.2d 977 (1953), and In re Estate of Romero, 126 P.3d 228 (Colo. App. 2005).

COUNT TWO — UNDUE INFLUENCE (Krueger v. Ary)

14. Petitioner incorporates paragraphs 1–13.

15. [ALLEGED INFLUENCER] exerted undue influence over Decedent that destroyed Decedent's free agency and substituted [his/her/their] will for Decedent's, as evidenced by the four factors set forth in Krueger v. Ary, 205 P.3d 1150 (Colo. 2009):

a. Susceptibility: Decedent was susceptible due to [________________________________];
b. Opportunity: [ALLEGED INFLUENCER] had constant access and isolated Decedent by [________________________________];
c. Disposition: [ALLEGED INFLUENCER] had a disposition to exert improper influence as shown by [________________________________];
d. Result: The Purported Will produces an unnatural result — diverting [____]% of the estate to [ALLEGED INFLUENCER] while disinheriting natural objects of bounty.

16. [ALLEGED INFLUENCER] occupied a confidential/fiduciary relationship with Decedent as [caregiver / attorney-in-fact / child / other] and actively participated in the procurement of the Purported Will by [selecting attorney / providing instructions / being present at execution / paying fees], shifting the burden of going forward to Proponent.

COUNT THREE — FRAUD AND/OR DURESS

17. Petitioner incorporates paragraphs 1–16.

18. The Purported Will was procured by fraud and/or duress in that [________________________________].

COUNT FOUR — IMPROPER EXECUTION (C.R.S. § 15-11-502)

19. Petitioner incorporates paragraphs 1–18.

20. The Purported Will was not duly executed in compliance with C.R.S. § 15-11-502 because [☐ not signed by Decedent / ☐ not witnessed by two competent witnesses / ☐ witnesses did not witness signing or acknowledgment / ☐ self-proving affidavit defective / ☐ other: ____________________].

COUNT FIVE — REVOCATION / SUBSEQUENT WILL (C.R.S. § 15-11-507)

21. Petitioner incorporates paragraphs 1–20.

22. The Purported Will was revoked by [☐ subsequent inconsistent will dated __/__/____ / ☐ physical act of revocation / ☐ other: ____________________].

V. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays this Court enter an Order:

A. Setting this matter for formal testacy proceedings under C.R.S. § 15-12-401;
B. Setting aside the informal probate of the Purported Will dated [__/__/____];
C. Declaring the Purported Will invalid and denying it admission to probate;
D. Admitting the Prior Will dated [__/__/____] to probate, OR declaring Decedent to have died intestate;
E. Determining the heirs of Decedent under C.R.S. § 15-11-101 et seq.;
F. Removing [PERSONAL REPRESENTATIVE] and appointing [PROPOSED PR] or a neutral special administrator under C.R.S. § 15-12-614;
G. Restraining the Personal Representative from distribution during pendency under C.R.S. § 15-12-401;
H. Awarding costs and attorney fees to the extent permitted by law;
I. Granting such other and further relief as the Court deems just.

Dated: [__/__/____]

Respectfully submitted,

_______________________________
[ATTORNEY NAME], Atty. Reg. No. [________]
[Firm Name]
[Address]
[Phone] | [Email]
Attorney for Petitioner

PART 4 — VERIFICATION

STATE OF COLORADO
COUNTY OF [________________]

I, [CONTESTANT'S FULL NAME], being first duly sworn upon oath, depose and state: I am the Petitioner in the foregoing Verified Petition. I have read the same, and the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

_______________________________
[CONTESTANT'S NAME]

Subscribed and sworn to before me this [____] day of [________________], [______], by [CONTESTANT'S NAME].

_______________________________
Notary Public
My commission expires: [__/__/____]

[NOTARY SEAL]

PART 5 — NOTICE OF HEARING ON FORMAL TESTACY PETITION (C.R.S. § 15-12-403)

DISTRICT COURT, [________________] COUNTY, COLORADO

Case No.: [________________________________]

NOTICE OF HEARING

TO: All interested persons listed above and all heirs and devisees of Decedent.

PLEASE TAKE NOTICE that a hearing on the Verified Petition for Formal Testacy Proceedings has been set as follows:

Any interested person who fails to file a written objection or appear at the hearing may be barred from later contesting the relief requested. Objections must be filed at least [____] days before the hearing under C.R.P.P. 8 and C.R.S. § 15-12-403.

Service of this Notice shall be made not less than fourteen (14) days before the hearing by mail to each interested person at the address shown above, or by publication if the address is unknown, pursuant to C.R.S. § 15-10-401.

Dated: [__/__/____]

_______________________________
[ATTORNEY NAME], Atty. Reg. No. [________]

PART 6 — DISCOVERY PLAN

A. Initial Disclosures (C.R.C.P. 16.1 / 26)

☐ Witness list with summaries
☐ Document list (will, prior wills, medical records, financial records, correspondence)
☐ Damages computation (estate share at issue)
☐ Insurance / fiduciary bond information

B. Written Discovery to Proponent / Personal Representative

☐ Interrogatories — drafting attorney identity, execution circumstances, gifts to beneficiaries, communications
☐ Requests for Production:
☐ Drafting attorney file (complete, including drafts, notes, billing)
☐ All wills, codicils, trusts of Decedent (any version, any date)
☐ Financial records — last 5 years (banks, brokerages, retirement)
☐ Medical records — full release
☐ Long-term care / caregiver records
☐ Correspondence (paper, email, text) between Decedent and beneficiaries
☐ Computer / device forensic images
☐ Requests for Admission (execution date, presence, capacity admissions)

C. Third-Party Subpoenas

☐ Drafting attorney (records + deposition)
☐ Subscribing witnesses (records + deposition)
☐ Notary
☐ Treating physicians
☐ Hospitals / skilled nursing facilities
☐ Adult Protective Services
☐ Financial institutions
☐ Accountant / CPA
☐ Caregivers / home health agency

D. Depositions

☐ Personal Representative
☐ Proponent / Principal Beneficiary
☐ Drafting Attorney (after privilege analysis)
☐ Subscribing Witnesses
☐ Notary
☐ Treating Physicians
☐ Caregivers
☐ Family members
☐ Expert: Geriatric psychiatrist / neurologist
☐ Expert: Handwriting examiner (if forgery alleged)

E. Experts (C.R.C.P. 26(a)(2))

☐ Capacity expert (geriatric psychiatrist, neuropsychologist) — retrospective capacity assessment
☐ Forensic document examiner (signature authenticity)
☐ Pharmacology expert (medication effects on cognition)
☐ Estate-planning standard-of-care expert

F. Mediation / ADR

☐ Mediation under C.R.S. § 13-22-301 et seq. — required by many Colorado district courts
☐ Identify mediator with probate-litigation experience

PART 7 — TRIAL-READY ELEMENTS AND BURDEN OF PROOF

A. Burden of Proof — C.R.S. § 15-12-407

B. Elements of Each Claim

Lack of Capacity — Contestant must prove by preponderance that at the moment of execution Decedent did not:

• Know nature/extent of property;
• Know natural objects of bounty;
• Understand testamentary act; or
• Form orderly plan of disposition.

Undue Influence (Krueger v. Ary) — Contestant must prove susceptibility, opportunity, disposition, and result by preponderance. Presumption may arise on showing of confidential relationship plus active procurement.

Fraud — False representation of material fact, knowingly made, with intent to deceive, justifiably relied upon, causing testamentary disposition contestant attacks.

Duress — Wrongful threats overcoming testator's free will at time of execution.

Improper Execution — Failure to comply with C.R.S. § 15-11-502 (writing, signature, two witnesses).

C. Trial Logistics

☐ Right to jury trial — Colorado: probate matters generally tried to court; jury available only by court order or stipulation under C.R.P.P. 24(a)(8). Confirm.
☐ Motions in limine — Daubert/Shreck challenges to expert testimony
☐ Dead Man's Statute (C.R.S. § 13-90-102) — repealed in Colorado in part; review hearsay objections re: Decedent's statements (CRE 803/804)
☐ Will execution presumption — self-proving affidavit creates prima facie case
☐ Trial exhibits binder — chronological capacity timeline, key documents
☐ Demonstrative aids — family tree, medical timeline, gifts/transfers chart

PART 8 — SETTLEMENT AGREEMENT (FAMILY SETTLEMENT AGREEMENT)

FAMILY SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Family Settlement Agreement (this "Agreement") is entered into as of [__/__/____] by and among the undersigned parties (collectively, "Parties"), each an interested person in the Estate of [DECEDENT], Case No. [________________], District Court, [________] County, Colorado.

RECITALS

A. Decedent died on [__/__/____].
B. A document dated [__/__/____] (the "Purported Will") was admitted to informal probate on [__/__/____].
C. [CONTESTANT] filed a Verified Petition contesting the Purported Will.
D. The Parties desire to compromise and settle all disputes regarding the validity of the Purported Will and the distribution of the Estate, pursuant to C.R.S. §§ 15-12-912 and 15-12-1101 et seq., without further litigation.

AGREEMENT

1. Distribution. Notwithstanding the terms of the Purported Will or the laws of intestacy, the Estate shall be distributed as follows:

2. Withdrawal of Contest. Within ten (10) business days, [CONTESTANT] shall file a Notice of Withdrawal of the Verified Petition with prejudice and consent to entry of an order of formal testacy admitting the Purported Will (or, alternatively, withdrawing it) consistent with this Agreement.

3. Personal Representative. [NAME] shall serve as Personal Representative under the supervision of the Court.

4. Mutual Releases. Each Party releases all other Parties (including the Personal Representative in his/her individual and fiduciary capacities) from all claims arising from or related to (a) the Purported Will, (b) the contest thereof, and (c) the administration of the Estate through the date of this Agreement, excluding obligations created by this Agreement.

5. No Admission. This Agreement is a compromise of disputed claims. No Party admits liability or wrongdoing.

6. Court Approval. The Parties shall jointly submit this Agreement to the Court for approval under C.R.S. § 15-12-1101 if required (minors, incapacitated, unborn beneficiaries).

7. Attorney Fees and Costs. Each Party bears its own attorney fees and costs, except [________________________________].

8. Tax Allocation. Tax obligations shall be allocated as follows: [________________________________].

9. Confidentiality. [Optional — describe scope.]

10. Governing Law / Venue. Colorado law governs. Venue: [________] County District Court.

11. Entire Agreement / Amendment / Counterparts. This Agreement is the entire agreement of the Parties, may be amended only in a writing signed by all Parties, and may be executed in counterparts (including electronic).

12. Binding Effect. This Agreement binds the Parties and their heirs, successors, and assigns.

IN WITNESS WHEREOF, the Parties execute this Agreement as of the date first written above.

_______________________________
[CONTESTANT NAME] — Petitioner

_______________________________
[PROPONENT NAME] — Respondent / Devisee

_______________________________
[PERSONAL REPRESENTATIVE NAME] — Personal Representative

[Add additional signature blocks for all interested persons.]

[Notary acknowledgments for each signature.]

SOURCES AND REFERENCES

• C.R.S. Title 15 (Colorado Probate Code) — https://leg.colorado.gov/colorado-revised-statutes
• Colorado Rules of Probate Procedure (C.R.P.P.)
• Colorado Rules of Civil Procedure (C.R.C.P.)
• Krueger v. Ary, 205 P.3d 1150 (Colo. 2009)
• In re Estate of Romero, 126 P.3d 228 (Colo. App. 2005)
• Cunningham v. Stender, 127 Colo. 293, 255 P.2d 977 (1953)
• In re Estate of Schmier, 2025 COA 19, 568 P.3d 35
• Colorado Judicial Branch Probate Forms (JDF series) — https://www.courts.state.co.us/Forms/

DISCLAIMER: This template is a starting point only. Colorado probate litigation requires strict adherence to statutory deadlines and procedural rules; consult qualified counsel.