Determination of heirs proceedings occur when some asset of a deceased individual – such as property or a home – has not been distributed through probate either because probate was never initiated for the decedent’s estate or because a specific beneficiary for that asset was never named. Determination of heirs proceedings are an alternative to probate that allow certain beneficiaries to transfer the title or ownership of undistributed assets into their own names so that they then have legal authority over the assets. In order to initiate determination of heirs proceedings in Colorado, the following qualifications must be met:
Upon meeting these qualifications, the court will set a date for the determination of heirs proceedings, and any individuals who may have an interest in the property in question will be notified of the date and will be informed of the date by which they have to file an objection (should they object to the proceedings).
When the appointed date arrives, during the determination of heirs proceedings, the court will make judgments regarding:
Given how complex determination of heirs proceedings can be, it’s crucial that you have experienced legal representation to ensure the best possible outcome to this process.