When a loved one passes away, emotions run high — and questions often arise about the contents of their will. Sometimes, the terms seem suspicious, unfair, or simply inconsistent with what the deceased person said during their lifetime. In these cases, family members and other parties may wonder, can I contest this will?
In Colorado, not just anyone can challenge a will. You must have the legal standing to do so — and even then, you’ll need a valid legal reason. In this blog, we’ll explain who can contest a will in Colorado in 2025, what legal standing means, and what types of relationships or interests qualify you to challenge a will through the courts.
What Does It Mean to “Contest” a Will?
To contest a will means to challenge its validity in probate court. This is a formal legal action in which you ask the court to declare that the will is invalid — and to stop it from being used to distribute the deceased person’s assets. A successful will contest can result in the court throwing out all or part of the will, which can significantly affect who inherits from the estate.
However, Colorado courts don’t allow just anyone to file a will contest. You must be what the law refers to as an “interested party.”
Who Has Legal Standing to Contest a Will in Colorado?
To legally contest a will in Colorado in 2025, you must meet one key requirement: you must have standing. In legal terms, standing means you have a personal, financial, or legal interest in the outcome of the will contest. This is usually based on your relationship to the deceased person or your role in a previous version of their estate plan.
Here are the most common groups of people who have legal standing to challenge a will in Colorado:
- Heirs-at-law: These are individuals who would inherit from the deceased person if there were no will. This typically includes spouses, children, grandchildren, and sometimes siblings or parents.
- Named beneficiaries of a prior will: If you were listed in an earlier version of the will but left out or given less in the latest version, you may have grounds to contest.
- Current beneficiaries: Even if you are included in the current will, you may have reason to believe the will is invalid — for example, if you suspect another beneficiary exerted undue influence.
- Creditors: In some cases, individuals or entities to whom the deceased owed money can contest a will if it affects their ability to collect a valid debt.
- Legal guardians or conservators: If the deceased person had a legal guardian or conservator at the time the will was signed, and that person believes the will was executed improperly, they may have standing to contest.
Standing is not about being emotionally hurt by the contents of the will — it’s about having a legally recognizable interest in how the estate is distributed.
Common Reasons for Contesting a Will
Even if you have standing, you still need a valid legal reason to contest a will. Colorado probate courts won’t overturn a will just because you disagree with it or think it’s unfair. The following are the most commonly accepted legal grounds for a will contest in Colorado:
- Lack of testamentary capacity: The person making the will (the testator) must have been mentally competent at the time of signing. If they suffered from dementia, Alzheimer’s, or another cognitive issue, the will may be invalid.
- Undue influence: If someone manipulated or pressured the testator to change their will — especially if that person is now a major beneficiary — a court may invalidate the will.
- Fraud or forgery: A will can be contested if it was created or altered through deception or falsification.
- Improper execution: Colorado law requires that wills meet specific criteria to be legally valid. For example, the will must be signed by the testator and witnessed (unless it's a handwritten holographic will, which has its own rules).
- Revocation: If the testator created a newer will that revoked the one currently in probate, the newer will takes precedence — assuming it can be proven valid.
Each of these grounds must be supported by evidence. If you believe one of these issues applies to a will that affects you, it’s important to consult with an experienced estate litigation attorney right away.
Our team at Evans Case is highly experienced in helping clients determine whether they have standing — and whether they have a strong legal basis to pursue a will contest in Colorado courts.
How to Begin the Will Contest Process in Colorado
Will contests must be filed with the probate court handling the deceased person’s estate. In Colorado, you generally have up to three years from the date of death to file a will contest — but this can vary depending on whether the will has already been submitted to probate or not.
Filing a will contest typically involves:
- Filing a formal petition with the court
- Providing evidence of your standing
- Presenting your legal grounds for contesting the will
- Participating in discovery and possibly mediation or trial
Keep in mind that will contests are complex legal actions. They can create tension within families, and they often involve detailed reviews of medical records, financial documents, and witness testimony. Working with an experienced Colorado will contest attorney gives you the best chance of a successful outcome — and of resolving your case as quickly and fairly as possible.
If you believe a loved one’s will was altered unfairly or doesn’t reflect their true intentions, contact us today to schedule a confidential consultation. We’re here to help you understand your rights and guide you through every step of the legal process.
