How soon after death should you file the Will with the court?

UPDATED: Sep 30, 2022

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How soon after death should you file the Will with the court?

My father-in-law passed 2 days ago his wife is still surviving. How soon do we need to file the will? And will this put their a state in probate court?

Asked on April 6, 2017 under Estate Planning, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In CO, a Will should be filed with the probate court in the county where the deceased lived at the time of their death. This must be done within 10 days after the date of death. If you fail to file the will within the required time and a beneficiary can prove that you delayed on purpose, you might be responsible for any financial damages that the beneficiary suffers because of it (you might also be held in contempt of court).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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