When a parent or loved one passes away without a will, families often worry the house is stuck. It isn’t. In Colorado, a home can still be sold when there is no will. The process simply runs through the probate court, and state law decides who inherits. Here’s what to expect.
This article is general information, not legal advice. Every estate is different, so talk with a Colorado probate attorney about your situation.
What “intestate” means
Dying without a valid will is called dying “intestate.” Colorado’s probate code sets out who inherits in that case, usually starting with a surviving spouse and children, then other relatives. The family doesn’t choose the heirs; the law does.
Who can sell the house?
Before anyone can sign a listing agreement or closing papers, the court must appoint a personal representative (sometimes called an administrator). With no will naming one, a family member usually applies, and Colorado law sets an order of priority among the people who can serve. Once appointed, the personal representative receives Letters from the court, which give them authority to manage and sell estate property.
The steps to sell
- Open probate. A family member files with the probate court in the county where the person lived. Many Colorado estates qualify for informal probate, which is simpler and faster.
- Get Letters. These show the title company and buyers that the personal representative can sell.
- Secure and insure the home. Tell the insurer it’s vacant, keep utilities on and keep up with taxes and the mortgage if there is one.
- Agree on a plan with the heirs. Selling and splitting the proceeds is common when several heirs inherit together. Our guide to selling an inherited house with multiple heirs covers how to keep everyone aligned.
- Get a valuation. A date-of-death value helps with taxes and fair pricing. See date-of-death home valuations.
- Decide how to sell. List it for top dollar, or compare a cash offer if the home needs work or the family wants speed.
- Close and distribute. Sale proceeds go to the estate, which pays debts and costs before distributing to the heirs.
How long does it take?
It depends on the court, the estate and whether the heirs agree. Our Colorado probate timeline walks through each stage so you know what to plan for.
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 sales every week
Adrienne Herzog is a probate specialist who works alongside personal representatives and attorneys, handles cleanout, repairs and listing, 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.