C.R.S. Section 13-1-105
Procedure where probate records destroyed

In case of the destruction by fire or otherwise of the records, or a part thereof, of any court having probate jurisdiction, the court may proceed, upon its own motion or upon the application in writing of any party in interest, to restore the records, papers, and proceedings of the court relating to the estate of deceased persons, including recorded wills and wills probated or filed for probate in said court. The power of restoration granted in this section shall also extend to the records, papers, proceedings, and documents of any previous court of probate which are or should be in the custody of a probate or district court. For the purpose of restoring said records, wills, papers, or proceedings, or any part thereof, the court may cause citations to be issued to all parties to be designated by it and may compel the attendance in court of any witness whose testimony may be necessary to establish any such record, or part thereof, and the production of any and all written and documentary evidence which it deems necessary in determining the true import and effect of the original record, will, paper, or other document belonging to the files of the court, and may make such orders and decrees establishing such original record, will, paper, document, or proceeding, or the substance thereof, as to it seems just and proper. The court may make all such rules and regulations governing the proceedings for the restoration of the record, will, paper, document, and proceeding pertaining to the court as in its judgment will best secure the rights and protect the interests of all parties concerned.

Source: Section 13-1-105 — Procedure where probate records destroyed, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑1‑101
Clerks shall keep record books 13‑1‑102
Entries in records 13‑1‑103
Lost or destroyed records 13‑1‑104
Application for new order or record 13‑1‑105
Procedure where probate records destroyed 13‑1‑106
Certified copy of record in supreme court or court of appeals 13‑1‑107
Costs of replacement 13‑1‑108
Judge may order adjournment 13‑1‑109
Court may appoint trustee 13‑1‑110
Appeal bond defective or insufficient 13‑1‑111
Courts of record 13‑1‑112
Clerk to keep seal 13‑1‑113
Seal - how attached 13‑1‑114
Powers of court 13‑1‑115
Courts may issue proper writs 13‑1‑116
Courts sit at county seat 13‑1‑117
Juridical days 13‑1‑118
Judicial holidays 13‑1‑119
Judgment record and register of actions open for inspection 13‑1‑119.5
Electronic access to name index and register of actions 13‑1‑120
Proceedings in English - abbreviations 13‑1‑121
Action not affected by vacancy 13‑1‑122
When judge shall not act unless by consent 13‑1‑123
Transfer of civil actions 13‑1‑123.5
Transfer of venue - actions involving related persons 13‑1‑124
Jurisdiction of courts 13‑1‑125
Service of process 13‑1‑126
Documents in court proceedings - designation by clerk of representative to attend court proceedings 13‑1‑127
Entities - school districts - legislative declaration - representation - definitions 13‑1‑129
Preferential trial dates 13‑1‑130
Reports of convictions to department of education 13‑1‑131
Speedy trial option in civil actions 13‑1‑132
Use of interactive audiovisual devices and communication technology in court proceedings 13‑1‑133
Use of recycled paper 13‑1‑134
Court automation system - juvenile or domestic actions 13‑1‑136
Civil protection orders - single set of forms 13‑1‑137
Reporting of data concerning juvenile proceedings 13‑1‑139
Court limitations on medication-assisted treatment - prohibited 13‑1‑140
Prohibition on issuing subpoena in connection with proceeding in another state 13‑1‑201
Legislative declaration 13‑1‑202
Definitions 13‑1‑203
Court security cash fund commission - creation - membership 13‑1‑204
Court security cash fund - creation - grants - regulations 13‑1‑205
Grant applications - duties of counties 13‑1‑301
Legislative declaration 13‑1‑302
Definitions 13‑1‑303
Underfunded courthouse facility cash fund commission - creation - membership 13‑1‑304
Underfunded courthouse facility cash fund - creation - grants - regulations 13‑1‑305
Grant applications - duties of counties 13‑1‑306
Legislative review - repeal 13‑1‑401
Legislative declaration 13‑1‑402
Definitions 13‑1‑403
Prohibition of civil arrest - writ of protection - procedure 13‑1‑404
Remedies 13‑1‑405
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 13-1-105’s source at colorado​.gov