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Petition for Determination of Heirs or Devisees

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Petition for the Determination of Heirs or Devisees or Both, and of Interests in Property

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):

Phone Number:

FAX Number:

Case Number:

E-mail:

Atty. Reg. #:

Division Courtroom

PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, AND OF INTERESTS IN PROPERTY

The Petitioner, an interested person pursuant to §15-12-1301(1), C.R.S., makes the following statements:

1. Information about the Petitioner:

Name: Relationship to Decedent

Street Address:

Mailing Address, if different:

City: State: Zip Code: Home Phone #:

Email Address: Work Phone #:

2. The Petitioner has an interest in the property that is the subject of this Petition. The interest is as follows:

Other:

3. The Decedent died on at domiciled or resided in the City of County of State of .

4. Jurisdiction is proper because the Decedent died leaving an interest in real property in Colorado or died domiciled in Colorado leaving an interest in personal property, wherever located.

5. 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.

6. One year or more has passed since the date of the Decedent’s death.

7.

8.

The date of the Decedent’s last Will is

The dates of all codicils are

The Will was admitted to probate in in Case No. on .

A certified Copy of the Will and the order admitting the Will to probate are attached.

9. This Petition concerns the descent or succession of the Decedent’s interest in the following property:

10. List names, addresses, and relationship of all interested persons, including Decedent’s spouse, partner in a civil union, children, owners by inheritance, heirs and devisees.

If a Guardian or Conservator has been appointed for one of the persons listed below, also provide the name and address of the Guardian or Conservator.

If a minor child is listed, list the child’s parent(s), Guardian or Conservator.

If a spouse, partner in a civil union, or child has predeceased the Decedent, include the date of death.

Instructions for paragraph 10: 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. Where a listed person is an heir, detail the relationship with the decedent that creates heirship.

VERIFICATION AND ACKNOWLEDGMENT

I, verify that the facts set forth in this document are true as far as I know or am informed. I understand that penalties for perjury follow deliberate falsification of the facts stated herein. (§15-10-310, C.R.S.)

Signature of Petitioner

Date

The foregoing instrument was acknowledged before me in the County of , State of Colorado, this day of , 20, by the Petitioner.

My Commission Expires:

Notary Public/Deputy Clerk

Signature of Attorney

Date

Enter text

What the Petition for Determination of Heirs or Devisees Is

A Petition for Determination of Heirs or Devisees is a probate-court filing used to identify the persons entitled to inherit from a decedent when a will is absent, ambiguous, or when title to property requires court clarification. The petition asks the court to confirm heirs or devisees, resolve competing claims, and issue an order or decree that enables transfer of assets, distribution of estate property, and record changes for real property or accounts. Procedures and required documents vary by state and county; petitioners commonly include personal representatives, heirs, or interested parties.

Why This Petition Matters for Estate Administration

The petition creates a formal, court-issued determination of who legally inherits, clearing title issues and enabling transfers. It reduces uncertainty for banks, county recorders, and title companies, minimizes future disputes, and establishes an enforceable record for distribution and creditor claims.

Why This Petition Matters for Estate Administration

Who Typically Prepares and Files This Petition

Common filers include personal representatives, estate attorneys, next of kin, and other interested parties who need a court determination to clear title or distribute estate assets.

  • Estate attorney or probate counsel representing the estate or an interested party to ensure procedural compliance and legal sufficiency.
  • Personal representative or administrator when acting under letters testamentary or administration to resolve title or distribute assets.
  • Individual heir or devisee seeking a judicial declaration to enable asset transfer or resolve competing claims.

Who Signs and Who Represents

Petitioner

The petitioner is the person or entity filing the petition. This may be the nominated executor, an appointed administrator, an heir, or another interested party; the petitioner must provide contact information and often sign under penalty of perjury.

Attorney of Record

If represented, the attorney of record signs filings, provides a mailing address and bar number, and handles service of process. Counsel also prepares supporting affidavits, notices, and proposed orders for the court.

Essential Data Fields to Include

Decedent Name: Full legal name
Date of Death: MM/DD/YYYY
Petitioner Contact: Address, phone, email
Heirs/Devisees: Names and relationships
Property Description: Real or personal property
Case Number: County court number

Risks of an Incomplete or Incorrect Petition

Delayed Distribution: Transfers and closings stalled
Contested Proceedings: Increased litigation risk
Title Rejection: Recorders may refuse filings
Court Sanctions: Possible fines or sanctions
Tax Exposure: Estate or fiduciary tax issues
Perjury Risk: False statements carry penalties

Step-by-Step: Completing the Petition

Follow a clear, ordered workflow to prepare a defensible petition and reduce court rejections.

  • 01
    Gather records: Collect death certificate and asset lists
  • 02
    List heirs: Provide full names and relationships
  • 03
    Prepare affidavits: Attach supporting sworn statements
  • 04
    File and serve: Submit petition to probate court and serve parties

Typical Filing and Court Review Flow

Understanding the standard flow helps set expectations for service, hearings, and orders.

  • Prepare petition: Assemble documents, affidavits, and proposed order
  • File with court: Clerk accepts filing and assigns case number
  • Serve interested parties: Provide notices per local rules
  • Court hearing: Judge reviews facts and issues decree

Digital Workflow Settings for an Online Petition

Configure a repeatable online workflow to collect signatures, attachments, and verification information.

Field Configuration
Signer Roles Petitioner, attorney, interested parties
Authentication Email and optional SMS code
Attachments Death certificate and deeds required
Notifications Automated emails for outstanding signatures

Technical Requirements for eSigning and eFiling

Use eSignature platforms that produce court-acceptable signed PDFs and preserve an audit trail with timestamps and signer attribution.

  • File formats: PDF and DOCX supported
  • Security: TLS and AES-256 encryption
  • Integrations: Salesforce, NetSuite, Google Workspace

Comparing eSignature Vendors for Probate Petitions

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Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-World Examples of Petition Use

These concise case summaries illustrate how a petition resolves title and distribution issues in practice.

Small Estate Clearance

A family filed a petition to clear title for a single parcel after intestacy

  • Court issued determination quickly
  • The recorded decree allowed sale and transfer with minimal creditor claims and no further court contest.

Disputed Heirship

Competing claimants required court resolution over devisee status

  • Petition consolidated claims and testimony
  • The judge’s decree clarified shares and enabled distribution while preserving appellate rights for losing parties.

Practical Tips for Accurate and Efficient Filing

Use these practical guidelines to minimize rejections, speed review, and reduce creditor or title issues.

Verify Names
Cross-check names against death certificate and government ID to avoid identity mismatches that delay processing.
Attach Proofs
Include certified death certificate, title documents, and affidavits proving relationships to strengthen the petition.
Follow Local Rules
Confirm county probate forms, required signatures, and service procedures to ensure compliance with clerk requirements.
Use Clear Exhibits
Label exhibits and include an index so the court and third parties can quickly find key documents.

Frequently Asked Questions About the Petition

Common questions about preparation, e-signing, filing venue, supporting documents, and timelines with concise answers to guide next steps.


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