Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property is a commonly used form within Colorado. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property:

• This form pertains to the State of Colorado

• The current version of this form was last revised on June 1, 2019

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Colorado’s Form JDF 948 SC - Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Colorado form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Colorado probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form JDF 948 SC, take a break, and then review. Probate and estate settlement processes in CO are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form JDF 948 SC online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form JDF 948 SC witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Colorado.

5 reasons you should submit JDF 948 SC as quickly as possible:

1. The sooner you begin, the faster Colorado can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Colorado. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Colorado is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Colorado probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Colorado probate clerk or court for exact answers regarding Form JDF 948 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property is one of the many probate court forms available for download through Atticus.

It may also be available through some Colorado probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Colorado.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form JDF 948 SC - Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Colorado probate court office.

Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Colorado-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Colorado Form JDF 948 SC - Petition For The Determination Of Heirs Or Devisees Or Both, And Of Interests Of Property. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 948SC R6/19 PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, Page 1 of 6 AND OF INTERESTS IN PROPERTY ❑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 COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, AND OF INTERESTS IN PROPERTY The petitioner, a person entitled to file this petition in accordance with § 15-12-1302(1), C.R.S., makes the following statements: 1. Information about the petitioner: Name: Street Address: City: _________________ State: ___________ Zip Code: ________________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: _______________________ Alternate Phone: __________________________________ Email Address: 2. The petitioner: ❑ is an interested person. The interest is as follows: ❑ Petitioner is an owner by descent or succession as defined by §15-12-1301(2), C.R.S.; ❑ Petitioner is an alleged heir or devisee of a decedent addressed in this petition; or ❑ Petitioner is a person claiming an ownership interest derived from an owner by descent or succession as defined by § 15-12-1301(2), C.R.S. or from an alleged heir or devisee of a decedent addressed in this petition; or ❑ is a person who may be affected by the ownership of property that is the subject of this petition based on the following: . 3. The property that is the subject of this petition is (including legal description if real property): Description of Property (ONLY IF KNOWN, petitioner may include fractional or percentage ownership) Location of Property Property 1 Property 2 (if any) Property 3 (if any) Property 4 (if any) JDF 948SC R6/19 PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, Page 2 of 6 AND OF INTERESTS IN PROPERTY ❑ This petition also covers any other property owned by the Original Decedent (as defined below) at the time of his or her death or that the Original Decedent was entitled to at the time of his or her death. ❑ This petition does not cover any other property owned by the Original Decedent. 4. This petition concerns the following decedent(s), who are related by successive interests in the property described in Paragraph 3 above if there is more than one decedent: (name of each decedent). The decedent with the originating property interest will be referred to herein as the Original Decedent; each other decedent will be referred to as an Additional Decedent. The information in Paragraph 5 through 13 is provided for the Original Decedent and each Additional Decedent. For each decedent covered by this petition, starting with the Original Decedent and continuing in order for each Additional Decedent (if any), complete items 5 through 13. (Note: Use additional pages if necessary.) Original Decedent - ________________________________________ [name]: 5a. The Original Decedent, at the age of _________ years, died on (date) at ____________________ (place of death). 6a. One year or more has passed since the date of the Original Decedent’s death. 7a. ❑Administration of the Original Decedent’s estate has not been granted or commenced in any jurisdiction. ❑Administration of the Original Decedent’s estate has been granted or commenced, but the estate has been settled without a determination of the descent or succession of all or a portion of the Original Decedent’s property. 8a. The Original Decedent was last domiciled or resided in the City of County of , State of . 9a. ❑The Original Decedent died without a Will. ❑The Original Decedent died with a Will. The date of the Original Decedent’s last Will is . The dates of all codicils are . The Will and any codicils are referred to as the Will. ❑The Will was admitted to probate in (county and Court), State of , in Case No. , on (date). Certified copies of the Will and the order admitting the Will to probate are filed with this petition. (§ 15-12-1302(4)(a), C.R.S.) ❑The Will has not been probated. The Will has been lodged in (Court). The petitioner believes that is the Original Decedent’s last Will and that it was validly executed. Except as may be disclosed in an attached explanation and after the exercise of reasonable diligence, the petitioner is unaware of any instrument revoking the Will and is unaware of any prior Wills relating to property in Colorado that have not been expressly revoked by a later instrument. A certified copy of the Will is attached or, if certification is not possible, a copy of such Will is attached, along with an explanation as to why certification was not possible. (§ 15-12-1302(4)(b), C.R.S.) JDF 948SC R6/19 PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, Page 3 of 6 AND OF INTERESTS IN PROPERTY ❑The Will has not been probated and the original Will has not been lodged with any Court. The Will is lost, destroyed, or otherwise unavailable. The petitioner believes that is the Original Decedent’s last Will and that it was validly executed. Except as may be disclosed in an attached explanation and after the exercise of reasonable diligence, the petitioner is unaware of any instrument revoking the Will and is unaware of any prior Wills relating to property in Colorado that have not been expressly revoked by a later instrument. A copy of the Will is attached or, if a copy if not available, the contents of the Will are set forth in an attachment to this petition. 10a. List names, addresses, and relationship of all interested persons as defined in § 15-12-1301(1), C.R.S., including owner(s) 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 succession of which is to be determined by this petition for the Original Decedent. ◆ 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 Original Decedent, include the date of death. ◆ See additional instructions below. Name Address (or date of death) Age, only if Minor Relationship (e.g. spouse, partner in a civil union, child, brother, guardian for spouse, etc.) 11a. This petition concerns the descent or succession of the Original Decedent’s interest in the property identified in Paragraph 3 above. 12a. The owners by descent or succession of the Original Decedent’s interest in the property identified in Paragraph 3 above: Owner(s) by Descent or Succession Share of Original Decedent’s Interest in Property (Fraction or Percentage) 13a. The relief sought by this petition is not inconsistent with any previous administration of the Original Decedent’s property. JDF 948SC R6/19 PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, Page 4 of 6 AND OF INTERESTS IN PROPERTY First Additional Decedent (if any) - [name]: 5b. The First Additional Decedent, (name), at the age of years, died on (date), at (place of death). 6b. One year or more has passed since the date of the First Additional Decedent’s death. 7b. ❑Administration of the First Additional Decedent’s estate has not been granted or commenced in any jurisdiction. ❑Administration of the First Additional Decedent’s estate has been granted or commenced, but the estate has been settled without a determination of the descent or succession of all or a portion of the First Additional Decedent’s property. 8b. The First Additional Decedent was last domiciled or resided in the City of County of , State of . 9b. ❑The First Additional Decedent died without a Will. ❑The First Additional Decedent died with a Will. The date of the First Additional Decedent’s last Will is . The dates of all codicils are . The Will and any codicils are referred to as the Will. ❑ The Will was admitted to probate in (county and Court), State of , in Case No. , on (date). Certified copies of the Will and the order admitting the Will to probate are filed with this petition. (§ 15-12-1302(4)(a), C.R.S.) ❑The Will has not been probated. The Will has been lodged in (Court). The petitioner believes that is the First Additional Decedent’s last Will and that it was validly executed. Except as may be disclosed in an attached explanation and after the exercise of reasonable diligence, the petitioner is unaware of any instrument revoking the Will and is unaware of any prior Wills relating to property in Colorado that have not been expressly revoked by a later instrument. A certified copy of the Will is attached or, if certification is not possible, a copy of such Will is attached, along with an explanation as to why certification was not possible. (§ 15-12-1302(4)(b), C.R.S.) ❑The Will has not been probated and the original Will has not been lodged with any Court. The Will is lost, destroyed, or otherwise unavailable. The petitioner believes that is the First Additional Decedent’s last Will and that it was validly executed. Except as may be disclosed in an attached explanation and after the exercise of reasonable diligence, the petitioner is unaware of any instrument revoking the Will and is unaware of any prior Wills relating to property in Colorado that have not been expressly revoked by a later instrument. A copy of the Will is attached or, if a copy if not available, the contents of the Will are set forth in an attachment to this petition. 10b. List names, addresses, and relationship of all interested persons as defined in § 15-12-1301(1), C.R.S., including owner(s) 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 succession of which is to be determined by this petition for First Additional Decedent. ◆ 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 First Additional Decedent, include the date of death. ◆ See additional instructions below. JDF 948SC R6/19 PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, Page 5 of 6 AND OF INTERESTS IN PROPERTY Name Address (or date of death) Age, only if Minor Relationship (e.g. spouse, partner in a civil union, child, brother, guardian for spouse, etc.) 11b. This petition concerns the descent or succession of the First Additional Decedent’s fractional or percentage interest in the Original Decedent’s interest in the property identified in Paragraph 3 above. 12b. The owners by descent or succession (including fractional or percentage interest) of the First Additional Decedent’s fractional or percentage interest in the Original Decedent’s interest in the property identified in Paragraph 3 above: Owner(s) by Descent or Succession Share of First Additional Decedent’s Interest in Property (Fraction or Percentage) 13b. The relief sought by this petition is not inconsistent with any previous administration of the First Additional Decedent’s property. 14. Jurisdiction is proper because the Original Decedent and each Additional Decedent died leaving an interest in real property in Colorado or died domiciled in Colorado leaving an interest in personal property, wherever located. 15. Venue for this proceeding is proper in this county because the Original Decedent (and each Additional Decedent) was (were) domiciled or resided in this county on the date of death or left property situated in this county. 16. Based on the foregoing, the petitioner requests that the Court determine the Original Decedent’s interest in the property identified in Paragraph 3 to be held as follows: Owner(s) by Descent or Succession (including address) Share of Original Decedent’s Interest in Property (Fraction or Percentage) JDF 948SC R6/19 PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, Page 6 of 6 AND OF INTERESTS IN PROPERTY Petitioner requests that after notice and any required hearing, the court enter judgment and decree determining that the petitioner has standing to bring this action and determining the heirs or devisees of the Original Decedent and each Additional Decedent, or both, the owners by descent or succession of the property, a description of the property and any other pertinent facts. ❑ By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. ❑ By checking this box, I am acknowledging that I have made a change to the original content of this form. VERIFICATION I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the ______ day of Executed on the ______ day of (date) (date) _______________________, _________, _______________________, _________, (month) (year) (month) (year) at ______________________________________ at ______________________________________ (city or other location, and state OR country) (city or other location, and state OR country) ______________________________________ ______________________________________ (printed name) (printed name) ______________________________________ ______________________________________ (Signature of Petitioner) (Signature of Co-Petitioner, if any) ____________________________________________ __________________ Attorney Signature, (if any) Date Instructions for each paragraph 10: • Include any statements regarding legal disability or other incapacity required by C.R.P.P. 12, and §15-12- 1302(3)(d)(IX), C.R.S. List the names and dates of death of any deceased heirs or devisees. (See applicable antilapse statute, §§ 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 pre-deceased son. (§§15- 11-101 to 114, C.R.S.) If the name or address of any interested person is unknown, include a statement detailing the reasonable, diligent efforts made to determine the name and/or address of such interested person. (§ 15-12-1302(3)(e), C.R.S.) Attach additional pages if necessary.