What is probate in Colorado, and does the house need it?
Probate is the court process that gives someone legal authority to settle a person's affairs after they die: collect what they owned, pay valid debts, and pass the rest to the right people. For a house, it's what gives someone the right to sign a deed.
Does the house need probate? Check the deed.
It depends on how the deed was titled. Pull up the last recorded deed (the county clerk and recorder has it online) and match it to this table.
| How the house was titled | Probate? | What happens |
|---|---|---|
| In the person's name alone | Probate | A personal representative must be appointed and receive Letters before the house can be sold or transferred. |
| Tenants in common with someone else | Probate | The deceased person's share goes through probate. The other owner keeps their share and also signs any sale. |
| Joint tenancy with a surviving owner | No probate | The survivor owns it. Record the death certificate and a supplemental affidavit; then the survivor can sell. |
| Beneficiary deed recorded before death (C.R.S. 15-15-401) | No probate | The named beneficiary takes title, subject to liens and claims. Title companies often watch the 4 months after death. |
| Owned by a living trust | No probate | The successor trustee signs for the trust. The title company reviews the trust agreement. |
Probate can also be needed with no house at all, when the person's other assets total more than $88,000 (2026). The small estate affidavit can never be used to transfer real estate.
Informal vs. formal probate
Informal probate is how most Colorado estates are handled. The applicant files with the court's probate registrar, there's no hearing, and the court is involved very little. It fits when the will is valid and nobody expects a fight, or when there's no will and the heirs are clear.
Formal probate goes before a judge. It's used when a will is contested or unclear, when heirs are in question, or when someone wants the court to supervise. A judge can also order supervised administration, where the personal representative needs court approval for major steps, such as selling the house.
Who's who in a Colorado probate
- Decedent: the person who passed away.
- Personal representative (PR): the person the court appoints to handle the estate. Colorado's word for executor or administrator. Must be at least 21.
- Letters: the court document proving the PR's authority. Letters Testamentary when there's a will, Letters of Administration when there isn't.
- Heirs and devisees: heirs inherit under state law when there's no will; devisees are named in a will.
- Probate registrar: the court official who handles informal probate.
The first two weeks: what to do
- Get several certified copies of the death certificate.
- Find the original will. Whoever has it must deliver it to the district court within 10 days of death, even if no probate is planned.
- Lock up the house, keep utilities on, and remove valuables and important papers.
- Call the homeowner's insurance company and tell them the owner passed. Ask about vacancy coverage.
- Keep paying the mortgage, taxes and HOA if you can, so the estate doesn't fall behind.
- Talk with a probate attorney before you file anything or sign anything about the house.
Questions
Is probate required in Colorado if there is a will?
Usually, if the person owned real estate in their own name. A will tells the court who should inherit and who should be personal representative, but it still has to go through probate to give anyone authority to sell or transfer the house.
What happens if someone dies without a will in Colorado?
Colorado's intestacy laws decide who inherits, usually a spouse and children first. A personal representative is appointed through probate and receives Letters of Administration.
How do I know if probate has already been opened?
Call the district court clerk in the county where the person lived, or check for a published Notice to Creditors in the local paper or on Colorado's public notice website.
Talk it through with a real person, free
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