(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 15-12-402 (1) in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 15-12-402 (4) for an order that the decedent died intestate.
(2) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.
(3) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
(4) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
Source: L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-401.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1978–2025 · leading case:
of Everhart, 2021 COA 63.
of Everhart, 2021 COA 63.
· cites it 4× “¶ 14 First, the language of section 15-12-403 does not address whether a petition filed under section 15-12-401 may be dismissed without a hearing.”
In Re Est. of Wiltfong, 148 P.3d 465 (Colo. Ct. App. 2006).
· cites it 2× “Section 15-12-401, et seq., C.R.S.2006. In contested cases, proponents *467 of a will have the burden of presenting prima facie evidence to show the will was duly executed.”
Matter of Est. of Daniels, 665 P.2d 594 (Colo. 1983).
· cites it 3× “" Section 15-12-401, C.R.S.1973. In this case, the opposing parties all agree to, and depend upon, the validity of the will to support their theories of recovery under it; the only contested issue is the status of the inter vivos trust which in no way affects the validity of the…”
In Re Est. of Bell, 4 P.3d 504 (Colo. Ct. App. 2000).
· cites it 3× “The Larges, who continued to act pro se, then filed a petition for formal probate of the will pursuant to § 15-12-401, C.R.S.1999, requesting that the trial court set aside the prior informal findings as to testacy and determine the validity of the revocation of the codicil.”
Matter of Est. of Dandrea, 577 P.2d 1112 (Colo. Ct. App. 1978).
“Six months after informal proceedings were commenced, the widow petitioned for formal probate of the will and for supervised administration, pursuant to § 15-12-401, et seq. and § 15-12-501 et seq.”
Ayres v. King, 665 P.2d 594 (Colo. 1983).
· cites it 3× “” Section 15-12-401, C.R.S.1973. In this case, the opposing parties all agree to, and depend upon, the validity of the will to support their theories of recovery under it; the only contested issue is the status of the inter vivos trust which in no way affects the validity of the…”
Rex v. Tovrea, 148 P.3d 465 (Colo. Ct. App. 2006).
· cites it 2× “Section 15-12-401, et seq., C.R.S.2006. In contested cases, pro *467 ponents of a will have the burden of presenting prima facie evidence to show the will was duly executed.”
Large v. Bell, 4 P.3d 504 (Colo. Ct. App. 2000).
· cites it 2× “The Larges, who continued to act pro se, then filed a petition for formal probate of the will pursuant to § 15-12-401, C.R.8.1999, requesting that the trial court set aside the prior informal findings as to testacy and determine the validity of the revocation of the codicil.”
Est. of Schmier, 2025 COA 19, 568 P.3d 35.
· cites it 2× “2024) (a person is “testate” if they left a will at death); see also § 15-12-401(1), C.R.S. 2024 (“A formal testacy proceeding is litigation to determine whether a decedent left a valid will.”
Colo. Rev. Stat. § 15-12-401(1): 2 cases
of Everhart, 2021 COA 63.
“¶ 14 First, the language of section 15-12-403 does not address whether a petition filed under section 15-12-401 may be dismissed without a hearing.”
Est. of Schmier, 2025 COA 19, 568 P.3d 35.
“2024) (a person is “testate” if they left a will at death); see also § 15-12-401(1), C.R.S. 2024 (“A formal testacy proceeding is litigation to determine whether a decedent left a valid will.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.