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Petition Re Determination Of Heirs Or Devisees Or Both, And Of Interests In Property Of Form. This is a Colorado form and can be use in Probate Statewide.
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Tags: Petition Re Determination Of Heirs Or Devisees Or Both, And Of Interests In Property Of, CPC 56, Colorado Statewide, Probate
District Court
Denver Probate Court
_________________________________________ County, Colorado
Court Address:
IN THE MATTER OF THE DETERMINATION OF HEIRS OR
DEVISEES OR BOTH, AND OF INTERESTS IN PROPERTY OF:
Deceased:
Attorney or Party Without Attorney (Name and Address):
COURT USE ONLY
Case Number:
Phone Number:
FAX Number:
Division
E-mail:
Atty. Reg.#:
Courtroom
PETITION
1. Petitioner, (name) ___________________________________________________________________________________,
is an interested person as defined by Section 15-12-1301(1), C.R.S.
2. The decedent died on (date) _______________________, at (place of death) ______________________________________
domiciled or residing in the ________________________ County of ____________________________________, State of
__________________________________.
3. Jurisdiction is proper because the decedent died leaving an interest in real property in this state or died domiciled in this
state leaving an interested in personal property, wherever located.
4. Venue for this proceeding is proper in this county because the decedent was domiciled or resided in this county on the date
of death or left property situated in this county.
5. One year or more has passed since the date of decedent’s death.
Administration of the decedent’s estate has not been granted in this state.
Administration of the decedent’s estate has been granted in this state, but the estate has been settled without a
determination of the descent or succession of all or a portion of the decedent’s property.
6.
The decedent died intestate.
The decedent’s last will is dated ______________________________________________. The dates of all codicils are
_________________________________________________________. The will and any codicils are referred to as the will.
The will was admitted to probate in the (county and Court) _____________________________________________________
as Case No. _____________________________________ on (date) _______________________. A certified Copy of the
will and the order admitting the will to probate are attached.
7. The decedent
was
was not
married at the time of death.
8. This petition concerns the descent or succession of the decedent’s interest in the following property. (Describe the property,
its location and the decedent’s interest.)
CPC56
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PETITION
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2001 © American LegalNet, Inc.
9. Listed below are the names, addresses and the interests and relationships of all interested persons (including the
petitioner, owners by inheritance and all the heirs and devisees entitled to any part of the property) and the names and
addresses of guardians or conservators of incapacitated or protected persons. (See instructions below.)
NAME
ADDRESS
AGE AND DATE OF
BIRTH OF MINORS
INTEREST AND
RELATIONSHIP
PETITIONER REQUEST the Court to set a time and date for hearing; that after notice and hearing, the Court enter a
judgment and decree determining the heirs and devisees of the decedent, the owners by inheritance of the property, a
description of the property and any other pertinent facts.
DATE: ___________________________________
As the petitioner and being sworn, I verify that the
facts set forth in this petition are true to the best of my
knowledge, information and belief.
___________________________________________________
___________________________________________
Signature of Attorney for Petitioner (Type or print name below)
Signature of Petitioner (Type or print name, address & tele.#
of Petitioner below)
___________________________________________________
___________________________________________
___________________________________________
State of ____________________________________________
___________________________________________
___________________County of________________________
___________________________________________
Subscribed and sworn to before me by the petitioner on
__________________________________________________.
My commission expires _______________________________
___________________________________________
Notary Public
INSTRUCTIONS FOR PARAGRAPH 9:
Include any statements regarding legal disability or other incapacity required by Rule 10, C.R.P.P. and Section 15-12-1302(2)(c) C.R.S.
List the names and dates of death of any deceased heirs or devisees. (See applicable antilapse statute, Sections 15-11-601 and 603,
C.R.S.) Where a listed person is an heir, detail the relationship with the decedent that creates heirship. Examples: son, daughter of predeceased son. (Sections 15-11-101 to 114, C.R.S.) Attach additional pages if necessary.
CPC56
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PETITION
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2001 © American LegalNet, Inc.