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Notice of Hearing - Estate of William Leonard Swafford

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NOTICE OF HEARING BY PUBLICATION TO INTERESTED PERSONS AND OWNERS BY DESCENT OR SUCCESSION PURSUANT TO § 15-12-1303, C.R.S.

To all interested persons and owners by descent or succession:

Estate of William Leonard Swafford aka William L. Swafford aka Bill Swafford

Deanna Swafford Alexander aka Deanna S. Alexander .

Jonna Marie Swafford aka Jonna M. Swafford .

William Wayne Swafford aka W. Wayne Swafford .

A petition, a copy of which accompanies this notice, has been filed alleging that the above decedent(s) died leaving the following property (including legal description if real property):

Property 1

Description of Property: A 1/8th interest in the minerals and mineral rights in, on, or underlying the following real property located in Prowers County, Colorado: East Half (E1/2) of Section Thirty-One (31), Township Twenty-One (21) South, Range Forty-One (41) West of the Sixth Prime Meridian

Location of Property : Prowers County

Property 2

Description of Property: An undivided 1/128th interest in the oil and gas rights and other minerals and mineral rights in, and under the following real property located in Kiowa County, Colorado: South Half (S1/2) of Section Thirty-Five (35), Township Twenty (20) South, Range Forty-Eight (48) West of the Sixth Prime Meridian

Location of Property: Kiowa County

The hearing on the petition will be held at the following time and location or at a later date to which the hearing may be continued:

Date: April 21, 2023 Time: 2:00 p.m. Courtroom or Division: J . 

Address: Prowers County Combined Court, 301 South Main Street, Lamar, Colorado 81052 .

The hearing will take approximately 30 minutes. 

Note:

  • You must answer the petition on or before the hearing date and time specified above. 
  • Within the time required for answering the petition, all objections to the petition must be in writing, filed with the court and served on the petitioner and any required filing fee must be paid. 
  • The hearing shall be limited to the petition, the objections timely filed and the parties answering the petition in a timely manner. If the petition is not answered and no objections are filed, the court may enter a decree without a hearing.

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

(Original Decedent: William L. Swafford aka W.L. Swafford aka William Leonard Swafford; Additional Decedent Loretta Margaret Schlager aka Loretta M. Schlager aka Loretta Schlager,

Background / Relation to Current Pending Probate Case

1. The Decedent in Prowers County Probate Case No. 5261 is William Leonard Swafford aka William L. Swafford aka W.L. Swafford. The Decedent in Probate Case No. 5261 died intestate leaving his Wife, Loretta Margaret Swafford aka Loretta M. Swafford, and Son, William Leonard Swafford, Jr. aka William L. Swafford aka W.L. Swafford, as his sole heirs. At the time of his death, the Decedent in Probate Case No. 5261 held the following real property interests under the name "W.L. Swafford":

a. A 1/8th interest in the minerals and mineral rights in, on, or underlying the following real property located in Prowers County, Colorado: East Half of Section Thirty­One, Township Twenty-One South, Range Forty-One West of the Sixth Prime Meridian, the Deeds pursuant to which this reservation and subsequent deed vested such rights in the Decedent being attached hereto as Exhibits A-I and A-2; and

b. An undivided 1/128th interest in the oil and gas rights and other minerals and mineral rights in, and under the following real property located in Kiowa County, Colorado: South Half of Section Thirty-Five, Township Twenty South, Range Forty-Eight West of the Sixth Prime Meridian, the Deed vesting such rights in the Decedent being attached hereto as Exhibits A-3.

2. The oil, gas, and mineral rights reflected in the Deeds attached hereto as Exhibits A-I, A­ 2, and A-3 were not administered as part of Prowers County Probate Case No. 5261.

3. Loretta Margaret Swafford aka Lorretta M. Swafford subsequently remarried and became Loretta Margaret Schlager aka Loretta M. Schlager.

4. Loretta Margaret Schlager aka Loretta M. Schlager and her second Husband did not have any children, leaving William Leonard Swafford, Jr. aka William L. Swafford aka W.L. Swafford as her only child.

5. After having survived her second Husband, Loretta Margaret Schlager aka Loretta M. Schlager died intestate on February 11,2001, and her Estate was administered in Prowers County Probate Case No. 200IPR9 with her only child William Leonard Swafford, Jr. aka William L. Swafford aka W.L. Swafford being her sole heir.

6. The oil, gas, and mineral rights reflected in the Deeds attached hereto as Exhibits A-I, A­ 2, and A-3 were not administered as part of Prowers County Probate Case No. 2001PR9.

7. William Leonard Swafford, Jr. aka William L. Swafford aka W.L. Swafford died intestate on October 9, 2018, and his Estate is currently being administered in Prowers County Probate Case No.2018PR30019.

8. Because there is a probate case currently being administered as Prowers County Probate Case No. 2018PR30019 for Decedent William Leonard Swafford, Jr. aka William L. Swafford aka W.L. Swafford, C.R.S. 15-12-1302(1) dictates that this PETITION FOR THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, AND OF INTERESTS IN PROPERTY be filed on behalf of the Estate of William Leonard Swafford, Jr. aka William L. Swafford aka W.L. Swafford rather than by any of this Estate's heirs.

First Published February 24, 2023

Last Published March 10, 2023

In The Kiowa County Press