Will Contest Attorney Denver
Meurer & Potter Law Office, Denver, Colorado
A will contest is a legal challenge to the validity of a deceased person’s will. It is one of the most emotionally charged proceedings in probate law because it pits family members against each other over the wishes of someone who can no longer speak for themselves. At Meurer & Potter, P.C., our Denver will contest attorneys represent both challengers who believe a will is invalid and executors and beneficiaries who need to defend a will against challenge. We’ve been handling probate litigation in Colorado courts since 1991.
Call 303-991-3544 for a free consultation about a will contest.
Grounds for Contesting a Will in Colorado
The Personal Representative (executor) appointed by the court is legally responsible for the entire administration process. This includes locating and securing all estate assets, obtaining date-of-death valuations for real estate, business interests, and investments, notifying creditors and paying valid claims from estate funds, filing the decedent’s final income tax return and any required estate tax returns, managing estate assets prudently during administration (the Prudent Investor standard applies), distributing assets to beneficiaries according to the will or Colorado intestacy law, providing accountings to interested parties, and filing a closing statement with the court.
Personal Representatives are held to a fiduciary standard and may be personally liable for mismanagement, self-dealing, or failure to comply with the will’s terms or Colorado law. If you’ve been named Personal Representative and don’t know where to start, that’s exactly what we help with.
Who Can Contest a Will?
Only “interested parties” can contest a will in Colorado. This generally includes named beneficiaries in the current or a prior will, intestate heirs who would inherit if the will is declared invalid, creditors of the estate, and the Personal Representative defending the will. Strangers to the estate—people with no legal or financial interest—cannot file a will contest.
Need help dealing with a will contest issue? Call 303-991-3544to schedule a free consultation.
The Will Contest Process
A will contest is filed in the Colorado probate court where the estate is being administered. The challenger must file a petition within the statutory deadline, identify the specific legal grounds for the challenge, and present evidence supporting their claims. The process typically involves discovery (depositions, document production, medical records), expert witnesses (often physicians or forensic accountants), and a hearing or trial before the probate court judge. Will contests can be resolved through negotiation and settlement, but when that fails, our attorneys provide experienced courtroom representation.
Facing a will dispute? Call 303-991-3544 for experienced representation.
Frequently Asked Questions About a Will Contest Issue
Our FAQs offer practical guidance about will contest situations. They are written to help you stay informed, not overwhelmed.
Colorado has specific deadlines for contesting a will that depend on the type of probate proceeding and when you received notice. Missing the deadline can permanently bar your claim. Contact an attorney immediately if you believe a will is invalid.
Colorado does enforce no-contest (in terrorem) clauses in some circumstances. If you challenge a will and lose, you may forfeit your inheritance under the will. However, Colorado courts may not enforce the clause if the challenge was brought in good faith and with probable cause.
Evidence typically includes the relationship between the influencer and testator, the testator’s physical and mental vulnerability, the influencer’s opportunity and motive, changes to the estate plan that benefit the influencer, and isolation of the testator from other family members.
Will contests can take several months to over a year depending on complexity, the volume of evidence, and whether the case settles or goes to trial. Simple disputes may resolve in mediation within a few months. Complex cases involving expert witnesses and extensive discovery take considerably longer.