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Home » US Law » 2022 Colorado Code » Title 15 - Probate, Trusts, and Fiduciaries » Article 12 - Probate of Wills and Administration » Part 13 - Determination of Heirs, Devisees, and Property Interests by Special Proceeding

§ 15-12-1301. Definitions

As used in this part 13, unless the context otherwise requires: “Interested person” means an owner by descent or succession, an alleged heir or devisee of a decedent, any other person claiming an ownership interest derived from an owner by descent or succession, or an alleged heir or devisee in any property the descent or […]

§ 15-12-1302. Petition to Determine Heirship – Devisees – Interests in Property

When any person dies leaving an interest in real property in this state, or dies domiciled in this state leaving an interest in personal property wherever located, and there is no probate proceeding presently pending for such person in any jurisdiction, any interested person or person who may be affected by the ownership of such […]

§ 15-12-1303. Hearing – Notice – Service

The petitioner shall prepare a notice that identifies the petition and includes the name of each decedent; the name of each interested person; a description of the property set forth in the petition, including a legal description if the property is real property; and the time and place of the hearing on the petition. The […]

§ 15-12-1304. Appearance – Hearing

Any interested person or person who may be affected by the ownership of the decedent’s interest in the property, the descent or succession of which is to be determined in the petition, may appear and object and establish any proper defense to the petition or any part thereof, or assert or protect any interest the […]

§ 15-12-1305. Judgment

The court shall determine the standing of the petitioner to bring the action; the heirs and devisees of the decedent; the owners by descent or succession of the property; a description of the property, including a legal description if the property is real property; and any other pertinent facts, and shall enter judgment on the […]

§ 15-12-1306. Decree – Conclusive and When – Reopening

A decree entered pursuant to this part 13 is conclusive as to the rights of heirs or devisees in the property described in the order from the date of its entry. If such a decree affects title to real property, a certified copy of the decree must be recorded and indexed in the office of […]

§ 15-12-1307. Title of Proceedings

All such proceedings shall be titled substantially in the following form: “IN THE MATTER OF THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, AND OF INTERESTS IN PROPERTY, OF (Names of decedents) , Deceased.”. Source: L. 93: Entire part R&RE, p. 1244, § 1, effective July 1.

§ 15-12-1308. Proceedings Under the Rules of Civil Procedure

Nothing herein shall be construed to prevent determination of the descent or the succession of property pursuant to the Colorado Rules of Civil Procedure or any other provision of this code. Source: L. 93: Entire part R&RE, p. 1244, § 1, effective July 1. L. 2019: Entire section amended, (SB 19-241), ch. 390, p. 3464, […]