Colorado Code § 15-12-407

Formal testacy proceedings - burdens in contested cases
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In contested
cases, petitioners who seek to establish intestacy have the burden of establishing prima facie
proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima
facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of
death and venue. Contestants of a will have the burden of establishing lack of testamentary intent
or capacity, undue influence, fraud, duress, mistake, or revocation. Parties have the ultimate
burden of persuasion as to matters with respect to which they have the initial burden of proof. If
a will is opposed by the petition for probate of a later will revoking the former, it shall be
determined first whether the later will is entitled to probate, and, if a will is opposed by a petition
for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.

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