(1) In a contested case in which the proper execution of a will is at issue, the following rules apply:
If the will is self-proved pursuant to section 15-11-504, the will satisfies the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgment and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit.
If the will is notarized pursuant to section 15-11-502 (1)(c)(II), but not self-proved,there is a rebuttable presumption that the will satisfies the requirements for execution upon filing the will.
If the will is witnessed pursuant to section 15-11-502 (1)(c)(I), but not notarized orself-proved, the testimony of at least one of the attesting witnesses is required to establish proper execution if the witness is within this state, competent, and able to testify. Proper execution may be established by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses raises a rebuttable presumption that the events recited in the clause occurred.
Source: L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-406. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1687, § 16, effective July 1, 2010.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.