Colorado Code § 15-12-303

Informal probate - proof and findings required
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(1) In an informal
proceeding for original probate of a will, the registrar shall determine that:
(a) The application is complete;
(b) The applicant has made oath or affirmation that the statements contained in the
application are true to the best of his knowledge and belief;
(c) The applicant appears from the application to be an interested person as defined in
section 15-10-201 (27);
(d) On the basis of the statements in the application, venue is proper;
(e) An original, duly executed, and apparently unrevoked will is in the registrar's
possession;
(f) Any notice required by section 15-12-204 has been given and that the application is
not within section 15-12-304;
(g) It appears from the application that the time limit for original probate has not
expired; and
(h) One hundred twenty hours have elapsed since decedent's death.
(2) The application shall be denied if it indicates that a personal representative has been
appointed in another county of this state or, except as provided in subsection (4) of this section,
if it appears that this or another will of the decedent has been the subject of a previous probate
order.
(3) A will which appears to have the required signatures and which contains an
attestation clause showing that requirements of execution under section 15-11-502, 15-11-503,
or 15-11-506 have been met shall be probated without further proof. In other cases, the registrar
may assume execution if the will appears to have been properly executed, or he may accept a
sworn statement or affidavit of any person having knowledge of the circumstances of execution,
whether or not the person was a witness to the will.
(4) Informal probate of a will which has been previously probated elsewhere may be
granted at any time upon written application by any interested person, together with deposit of
an authenticated copy of the will and of the statement probating it from the office or court where
it was first probated.
(5) A will from a place which does not provide for probate of a will after death and
which is not eligible for probate under subsection (1) of this section may be probated in this state
upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated
certificate of its legal custodian that the copy filed is a true copy and that the will has become
operative under the law of the other place.

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