Detailed answer — step‑by‑step under Colorado law

When a property owner dies and the decedent’s will directs that the house be sold and the proceeds distributed, the exact steps to make that happen depend first on who actually owns the property and how title is held. Below are the typical legal paths in Colorado and the actions heirs or beneficiaries usually take.

1. Check title and how the house passes at death

Who holds title determines whether the house is part of the probate estate or passes automatically to someone else:

• Solely in decedent’s name: Usually part of the probate estate and subject to the will.
• Joint tenancy with right of survivorship: The surviving joint owner (for example, a spouse) usually takes title by operation of law and the property does not pass through probate.
• Tenancy in common: The decedent’s share is a probate asset and can be devised under the will.
• Held in trust or has beneficiary designation: The trust or beneficiary rules control distribution, not the will.

If you do not have the deed, request a title search or obtain a copy of the deed from the county recorder to confirm ownership and any liens.

2. If the house is part of the probate estate: open probate and appoint the personal representative

If title shows the decedent owned the house outright (or the decedent’s share is part of the estate), the personal representative named in the will (or a court‑appointed administrator if there is no effective appointment) manages sale and distribution. In Colorado you begin this process in the county probate court where the decedent lived. The Colorado Judicial Branch provides probate forms and procedural information:

Colorado Judicial Branch — Probate Forms & Information

The personal representative has duties: gather and protect estate assets, pay valid debts and taxes, obtain court approval where required, and distribute remaining proceeds in accordance with the will. If the will expressly authorizes the personal representative to sell real property, the representative may be able to sell without a separate hearing; if not, the representative will usually ask the court for authority to sell.

See Colorado’s laws governing estates and fiduciaries for the governing rules and timelines: Colorado Revised Statutes — Title 15: Estates, Trusts, and Protective Proceedings.

3. If a surviving spouse holds title as joint owner

If the spouse is a joint tenant with right of survivorship, the house often passes automatically to that surviving spouse and is not controlled by the will. In that case, beneficiaries named in the deceased spouse’s will cannot force a sale simply because the will directs it. Beneficiaries have these options:

• Challenge the joint‑tenancy claim if they believe the decedent did not intend a survivorship gift (requires proof and litigation).
• Negotiate with the surviving spouse for a sale or buyout.
• File a partition action if the title reflects tenancy in common (not available for right‑of‑survivorship joint tenancy).

4. If the spouse is occupying the house but the house is an asset of the probate estate

If the house is probate property but the spouse refuses to cooperate with a sale, the personal representative can ask the probate court for orders to remove occupants, authorize sale, and control estate assets. The court can grant authority to sell estate real property and can require compliance with court orders. The court will also supervise distribution after debts and expenses are paid.

5. If title is unclear or contested — quiet title, partition, or declaratory relief

Common contested actions:

• Quiet title: Ask a court to determine who owns the property free of competing claims.
• Partition action: If co‑owners (tenancy in common) cannot agree, beneficiaries or co‑owners can ask a district court to partition the property or order a sale and divide proceeds.
• Declaratory relief: Seek a judicial ruling about whether the property is held as joint tenancy, in trust, or passes under the will.

6. Practical steps for beneficiaries who want the will’s instruction followed

1. Obtain copies of the deed, the will, and the death certificate.
2. Confirm whether probate has been opened. If not, file a petition to open probate in the decedent’s county.
3. If you are the personal representative, ask the court for authority to sell the house if the will doesn’t explicitly allow you to do so.
4. If someone else (for example, the spouse) is obstructing a lawful sale, file motions with the probate court to enforce the estate’s rights or seek orders removing obstruction.
5. If title does not place the property in the estate, investigate whether a partition action, quiet‑title suit, or other civil action is appropriate.

7. Timing, costs, and distribution

Probate sales and contested court actions take time—often several months to a year or more depending on complexity and disputes. Costs include court filing fees, attorney fees, appraisal and sales costs, mortgage payoff, taxes, and probate administration expenses. The net sale proceeds are distributed after payment of valid claims and costs, in the order the probate law requires.

Where to find Colorado statutes and rules

Key governing law is in Colorado’s statutes on estates and fiduciaries (Title 15). The Colorado General Assembly publishes those statutes online: Colorado Revised Statutes — Title 15. For practical probate court procedures and local rules, use the Colorado Judicial Branch site: Probate forms & info.

Helpful hints

• Start by confirming legal title at the county recorder’s office; that determines your legal options.
• Gather documents: deed, will, death certificate, mortgage statements, insurance, property tax bills, and any trust documents.
• If you are the named personal representative, act quickly to secure and insure the property to protect estate value.
• Communicate in writing. Keep records of requests and refusals from the surviving spouse or other holders of the deed.
• Consider mediation before litigation—courts often require or encourage settlement for family disputes.
• Ask the probate court for emergency relief if a party threatens damage to the property or removal of needed assets.
• Get a title report early to identify liens, mortgages, or other encumbrances that affect sale proceeds.
• Hire a Colorado probate or real estate attorney if title is contested, the estate is large, or the spouse refuses to cooperate. Complex disputes typically require counsel.

For forms, procedural guidance, and local court rules, visit the Colorado Judicial Branch forms page: Colorado Probate Forms. For statutory background on estates and fiduciaries see: Colorado Revised Statutes — Title 15.