After a loved one passes away, one of the first questions families ask is whether the house has to go through probate before it can be sold. In Colorado, the answer depends on how the home was titled when the owner died. Some homes pass outside probate and can be sold fairly quickly. Others need a court-appointed personal representative first.
Watch: 3 things to know before you sell an inherited house
This article is general information, not legal advice. Every estate is different, so talk with a Colorado probate attorney about your situation.
Start by checking the deed
Pull the most recent recorded deed from the county clerk and recorder, or ask a title company to do it. How the owner held title tells you which path applies.
When you usually don’t need probate
1. A beneficiary deed was recorded
Colorado allows owners to record a beneficiary deed (a transfer-on-death deed) naming who receives the home at death. If one was recorded before the owner passed, the home generally transfers to the named beneficiary without probate. The title company will typically ask for a certified death certificate and may have other requirements before the beneficiary can sell.
2. The home was owned in joint tenancy
If the owners held title as joint tenants with right of survivorship, the surviving owner usually becomes the sole owner when the other passes. Recording a death certificate is typically all that is needed before the survivor can sell.
3. The home is in a living trust
A home held in a revocable living trust is managed by the successor trustee, not the probate court. The trustee usually records a Statement of Authority and can then sell. See our guide to selling a house in a trust in Colorado.
When you do need probate
If the home was in the deceased person’s name alone, with no beneficiary deed and no trust, it normally has to go through probate, whether or not there is a will. A family member applies to the court, and once appointed, the personal representative receives Letters that give them authority to sell. Many Colorado estates qualify for informal probate, which is simpler and usually faster than people expect.
- With a will: see selling a home in probate in Colorado.
- Without a will: see selling a house with no will in Colorado.
What about a small estate affidavit?
Colorado has a simplified small estate affidavit for collecting a modest amount of personal property, like bank accounts or a vehicle. It generally can’t be used to transfer real estate, so it won’t help you sell a house.
What about a power of attorney?
A power of attorney ends when the person dies, so it can’t be used to sell a home after death. It can only be used while your parent is living. Learn more about selling a parent’s house with power of attorney.
Quick summary
- Beneficiary deed: usually no probate.
- Joint tenancy: usually no probate for the surviving owner.
- Living trust: no probate; the successor trustee sells.
- Sole name, no trust or beneficiary deed: probate is usually required.
Whatever the path, plan the sale early
Even before the paperwork is finished, you can get a date-of-death valuation, secure and insure the home, and start clearing out belongings. That way the house is ready to list the moment someone has authority to sign.
Need help clearing out the home?
Our sister company, Herzog Estate Services, handles clean-outs, estate sales, donations, hauling, repairs and cleaning, so the home is ready to sell without the family having to do it all.
We handle probate and estate sales every week
Adrienne Herzog is a probate specialist who works alongside personal representatives, trustees and attorneys, coordinates cleanout and repairs, and keeps every heir informed. Download our free Colorado probate home sale checklist, or call or text Adrienne at (303) 597-8720 or send a message for a no-pressure conversation.