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

Answers:

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

Answered 3 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).


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