Legal Question in Wills and Trusts in Colorado

Statute of Limitations

Is there a statute of limitations on wills?

If a person died 30 years ago and no one has a copy of their will and now money and stock certificates have surfaced and there are children of that deceased person living; do they have to have a copy of that will after this amount of time has passed? I am asking for a friend who is trying to get money his dad left and no one seems to have a copy of the will. The company will not work with him without a copy of the executor of the will. Have any advice? Thank you.

Asked on 4/14/05, 7:41 pm

1 Answer from Attorneys

John Campbell Law Offices of John J. Campbell, P.C.

Re: Statute of Limitations

If the deceased person was domiciled in Colorado at the time of his death and his estate went through probate, either with or without a will, the estate can be reopened. The will would be in the probate records in the county where the probate proceeding took place (although, after 30 years, the records may be difficult or impossible to locate). However, if no probate proceeding was commenced within 3 years of his death, it may be too late now.

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Answered on 4/14/05, 8:39 pm

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