When a loved one passes away, the probate process helps ensure that their final wishes are carried out according to their will. But what happens if you discover evidence that the will may not be valid, after the court has already approved it? Many families in Colorado find themselves wondering whether it’s too late to challenge a will once probate has begun or even after it’s been completed. While it can be more difficult, it is sometimes still possible to contest a will after probate under specific circumstances.
Understanding What Probate Means
Probate is the legal process that validates a will and oversees the distribution of a person’s assets after death. During probate, the court confirms that the will meets Colorado’s legal requirements, appoints a personal representative, and ensures debts, taxes, and inheritances are handled properly. Once the court approves the will, it is considered legally valid and binding.
However, the probate process does not guarantee that a will is free from error, fraud, or manipulation. Sometimes, new information or evidence comes to light that raises serious questions about whether the will truly reflects the deceased person’s intentions. In those situations, certain family members and beneficiaries may still be able to challenge the will, even after probate has started or concluded.
When and How You Can Contest a Will After Probate
In Colorado, the law allows limited opportunities to contest a will after probate has begun. Generally, a person who has legal standing to challenge a will must act quickly once they discover an issue. According to Colorado Revised Statutes §15-12-406, a person typically has up to one year after the will is admitted to probate to file a formal objection, although there are exceptions depending on the circumstances.
To contest a will after probate, you must petition the court to reopen the estate or challenge the probate order. This can happen if new evidence arises that was not available earlier or if it can be shown that the probate process was based on fraud, mistake, or a lack of notice to interested parties. Common situations include:
- Discovery of a more recent will that changes or replaces the one probated.
- Evidence of forgery or fraudulent signatures on the original will.
- Proof that the deceased lacked mental capacity when the will was made.
- New information showing undue influence, coercion, or manipulation by another person.
- Failure to notify rightful heirs or beneficiaries during the initial probate process.
Each of these situations requires careful investigation and strong evidence. Courts are cautious about reopening probate because doing so can disrupt asset distributions and create uncertainty. That’s why anyone considering this step should consult with an experienced will contest attorney who understands both probate law and litigation strategy.
Who Can Challenge a Will After Probate?
Not everyone has the legal right, or “standing,” to contest a will. In Colorado, only certain individuals can file a challenge. These generally include:
- Heirs who would inherit under Colorado law if the will were found invalid.
- Beneficiaries named in the current or previous version of the will.
- Creditors or other parties with a financial interest in the estate.
If you are not named in the will but believe you should have been, or if you were disinherited under suspicious circumstances, you may still have standing to challenge it. However, proving your interest requires showing that you would benefit from a different distribution of the estate if the contested will were overturned.
Because every estate is unique, it’s crucial to speak with an attorney before filing a contest. Your lawyer can review your relationship to the deceased, examine the will, and determine whether you have a valid claim and enough evidence to support it.
Why Timing Is Critical in a Post-Probate Will Contest
When it comes to probate disputes, time is of the essence. Colorado courts strictly enforce deadlines for contesting a will, and once the statutory period expires, it becomes much harder or sometimes impossible, to challenge the document. Even if you discover new evidence later, courts may refuse to reopen the case if the filing deadline has passed or if the estate has already been fully distributed.
In some cases, however, a probate order can be overturned after the deadline if there is clear evidence of fraud or if a newly discovered will surfaces. These situations require detailed legal filings, factual proof, and compelling arguments to convince the court that justice requires reopening the case.
Acting quickly can also help preserve critical evidence. Witness memories fade, financial records can be lost, and assets may already have been transferred. The sooner you consult with a probate litigation attorney, the stronger your position will be to protect your rights and the integrity of your loved one’s estate.
Protecting Your Loved One’s Legacy and Your Rights
Disputing a will after probate is not easy, but it can be necessary when something does not feel right. Whether you suspect a will was changed under pressure, executed when your loved one was not of sound mind, or created through deceit, you have the right to question its validity. Colorado courts take these matters seriously, especially when there is evidence of wrongdoing or procedural errors in the probate process.
At Evans Case, we understand how emotional and complex these situations can be. Our attorneys have extensive experience representing heirs, beneficiaries, and families in will contests and probate disputes across Colorado. We combine compassionate counsel with aggressive legal advocacy to ensure that your loved one’s true intentions are honored and your family’s interests are protected.
If you believe a will was wrongfully admitted to probate or that you were unfairly excluded from an estate, we can help you explore your legal options. Contact us today to speak with a Denver will contest attorney who will review your case and guide you through every step of the process.
