Detailed answer — step-by-step overview under Colorado law

If a person who owned a house died without a valid will (died intestate), that person’s property generally must pass through probate or a recognized transfer process before title can move to heirs. In Colorado, probate and intestate succession fall under Title 15 (Probate) of the Colorado Revised Statutes; see Colorado Revised Statutes Title 15 (Probate) for the governing law: https://leg.colorado.gov/content/title-15-probate.

1) Confirm how the house is owned

Before you do anything, check the deed and public records at the county recorder’s office. If the decedent owned the property:

• as a sole owner, the house generally needs a probate administration or other probate transfer;
• as a joint tenant with right of survivorship or community property with survivorship (rare in Colorado), the surviving co-owner usually automatically owns the property;
• under a recorded transfer-on-death (TOD) or beneficiary deed (if one exists and is valid under Colorado law), the named beneficiary may take title without probate;
• in a trust, the house transfers under the trust document, typically outside probate.

If the house passed automatically by deed or joint ownership, you may not need to open probate. If not, continue below.

2) Identify the heirs and collect basic documents

Intestate heirs and share amounts are set by Colorado’s intestacy rules (Title 15). Gather these items:

• Certified copy of the death certificate.
• Original deed and recent title report if available.
• List of assets and liabilities (mortgage, taxes, insurance, utilities).
• Names, addresses, and relationships of potential heirs (parents, siblings, spouse, children).
• Any info you have about bank accounts, safe deposit boxes, or other property.

3) Decide whether to open a full probate administration or use a simplified process

Colorado provides several pathways depending on the estate size and situation:

• Formal probate administration: File a petition to open probate and to appoint a personal representative (sometimes called an administrator) in the county court where the decedent lived. The court will issue letters (Letters of Administration) to the appointed personal representative, who then has authority to manage estate affairs, pay debts, and transfer property.
• Simplified/no-administration options: If the property transfers automatically (joint tenancy or valid TOD deed) or the estate qualifies for a small estate procedure, you may avoid a full administration. Colorado’s courts publish forms and instructions for smaller matters; check the Colorado Judicial Branch probate information and forms at: https://www.courts.state.co.us/Forms/Index.cfm?Form_Type_ID=40.

4) How to open probate (formal administration)

1. Prepare and file a Petition for Probate and Appointment of Personal Representative in the county court where the decedent was domiciled. The petition asks the court to open the estate and appoint someone to administer it.
2. Attach a certified death certificate and any known information about heirs and assets. Pay the filing fee or request a fee waiver if eligible.
3. The court will notify known heirs and may require published notice to creditors. Colorado’s notice and creditor-claim rules are part of the probate statutes in Title 15 (Probate).
4. If the court approves the petition, it will issue Letters of Administration (or similar document), formally giving the personal representative authority to act for the estate.

5) Duties of the personal representative once appointed

Common duties include:

• Inventory estate assets and secure the property (maintain insurance, pay utilities, protect the house).
• Notify creditors and the IRS as required and publish notice if required by statute.
• Collect assets, pay valid debts and taxes, and handle any mortgage issues (contact mortgage servicer early).
• Prepare and file any required estate tax or income tax returns.
• Seek court approval where required and distribute property to heirs according to Colorado’s intestacy rules.

6) Transferring title to the heir(s)

After debts and taxes are handled and the court approves distribution, the personal representative conveys the house to the heir(s), typically by filing a deed transferring title. The county recorder’s office will record the deed.

7) If you and other heirs disagree or complications arise

Disputes about who should be appointed personal representative, claims against the estate, creditor challenges, or property title problems commonly require litigation or lawyer help. Consider hiring a Colorado probate attorney for contested matters.

Key legal references

• Colorado Revised Statutes — Title 15 (Probate): https://leg.colorado.gov/content/title-15-probate
• Colorado Judicial Branch — probate forms and information: https://www.courts.state.co.us/Forms/Index.cfm?Form_Type_ID=40

Helpful hints

• Check the deed first. If the house already passed by joint tenancy, TOD deed, or trust, probate may not be needed.
• Obtain multiple certified death certificates early — the court, banks, and other entities will require them.
• Contact the mortgage company as soon as possible to learn options and prevent foreclosure; a loan doesn’t automatically disappear when someone dies.
• Keep detailed records and receipts for estate-related expenses — the personal representative must account for money in and out of the estate.
• Be careful about informal transfers. Signing a quitclaim deed or accepting property without court authority can create legal problems if other heirs challenge the transfer.
• If the estate seems small or uncontested, ask the court clerk about streamlined procedures or self-help forms before paying for full probate services.
• When in doubt about complex issues (claims, creditors, tax liabilities, family disputes), consult a licensed Colorado probate attorney early to protect your rights and limit personal liability as a representative.