2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
Part 4 - Formal Testacy and Appointment Proceedings
§ 15-12-410. Formal Testacy Proceedings - Probate of More Than One Instrument
If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 15-12-412 .
History. Source: L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-410. History. Source: L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-410.
ANNOTATION
Proposed will need not be filed with motion to vacate. This section does not require the filing of a proposed will on the same date as the filing of a motion to vacate. However, it does require that any subsequent petition to probate be filed no later than 12 months after the entry of the challenged order. Church of Jesus Christ of Latter Day Saints v. Tally, 654 P.2d 886 (Colo. App. 1982).
