{"data":{"id":"us-co/c.r.s.-15-12-401","jurisdiction":"us-co","citation":"C.R.S. § 15-12-401","heading":"Formal testacy proceedings - nature - when commenced.","body":"(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 15-12-402 (1) in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 15-12-402 (4) for an order that the decedent died intestate.\n\n(2) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.\n\n(3) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.\n\n(4) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.","path":["Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES","Article 12 - Probate of Wills and Administration","Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS"],"source_url":"https://olls.info/crs/crs2026-title-15.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"83b58a7f1a5f7e4380ba69ae12ca3f828b66ecfdb0d407887e14d2829d4c7821","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-15-12-311","next":"us-co/c.r.s.-15-12-402"},"notice":"GroundRules: Original legal text. Not legal advice."}