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: L. 1889: p. 109, § 3. R.S. 08: § 1398. C.L. § 5616. CSA: C. 46, § 7. CRS 53: § 37-1-6. C.R.S. 1963: § 37-1-6. L. 64: p. 224, § 56.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 1 - General Provisions
Part 1 - Administrative Provisions
§ 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
§ 13-1-112. Clerk to Keep Seal
§ 13-1-113. Seal - How Attached
§ 13-1-115. Courts May Issue Proper Writs
§ 13-1-116. Courts Sit at County Seat
§ 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
§ 13-1-127. Entities - School Districts - Legislative Declaration - Representation - Definitions
§ 13-1-128. Confidentiality of Decisions of Courts of Record - Violations - Penalties - Repeal
§ 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 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
§ 13-1-138. Notification of Court Reminder Program
§ 13-1-139. Court Limitations on Medication-Assisted Treatment - Prohibited