Colorado: How to Secure and Inventory a Deceased Person’s House Before You Are Appointed Administrator | Colorado Probate | FastCounsel
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Colorado: How to Secure and Inventory a Deceased Person’s House Before You Are Appointed Administrator

How to Secure and Inventory a Deceased Person’s House in Colorado Before You’re Appointed Administrator

Short answer: Act quickly but carefully. Preserve the home and its contents (photos, locks, and a written inventory), notify law enforcement and the insurer if theft or imminent removal is a risk, and file a petition in probate court to be appointed the personal representative (administrator) or to obtain a temporary court order to protect estate property. Avoid removing or disposing of disputed items until you have legal authority. This article explains step-by-step actions you can take in Colorado and where to find court forms and resources.

Detailed Answer

When someone dies, their belongings generally become part of the estate. In Colorado, the estate’s legal interests are protected and managed by the personal representative (sometimes called an administrator if there is no will). Until a court appoints that person, no one has unilateral legal authority to take, give away, or sell assets that belong to the decedent’s estate. Taking items without authority can create civil liability and possible criminal exposure.

1. Immediately assess risk and preserve evidence

First, determine if there is an immediate risk that people (including siblings) will remove or damage property:

  • If theft or trespass is likely, call local law enforcement and ask them to document the situation and, if appropriate, to conduct a property check or file a report. A police report creates an official record you can show the court. (Contact non-emergency police unless there is an immediate threat.)
  • Photograph and video every room, all doors and windows, and any high-value items (jewelry, electronics, firearms, art, vehicles). Use time-stamped photos or videos from your phone and save original files in multiple places (cloud + external drive).
  • Record who has access (keys, alarm codes) and who has already visited the property. Collect witness names and statements, if available.

2. Secure the property without exceeding your authority

You should take reasonable steps to protect the property but avoid actions that could be seen as wrongful conversion (taking estate property for yourself) or trespass against other heirs.

  • Lock the doors and set the alarm if you can do so without forcibly entering. If you must change locks because of immediate risk, consider doing so only after consultation with local police and other heirs, and keep the old keys so the court can see you acted to secure—not to exclude heirs.
  • If people are taking items, ask law enforcement to intervene or to document the removals. Police can sometimes prevent ongoing theft or assist in documenting the facts for a later court petition.
  • Contact the homeowner’s insurance company to report the death and ask about coverage for vandalism, theft, and securing the home. Insurance companies often require prompt notice and may advise on reasonable steps to prevent loss.

3. Create a formal inventory and chain of custody

Careful documentation is key. If you want the court to later recognize your inventory or actions, keep the records organized and dated.

  • Start an inventory spreadsheet: room-by-room lists with descriptions, serial numbers, and approximate values. Mark especially valuable items (jewelry, firearms, heirlooms).
  • Photograph each item and label photos to match inventory entries.
  • If you move any items to a safer place (for example, to a bank safe deposit box or secure storage), list each item moved, why it was moved, when, where it is now, and who witnessed the move. Keep receipts and storage agreements.
  • Use dated, signed witness statements where possible. Notarize an inventory or affidavit if you plan to present it to the court.

4. Communicate in writing with siblings and potential heirs

Polite, clear written communications can reduce conflict and create a record.

  • Send a neutral email or letter to siblings explaining that you’re documenting and safeguarding the home, and request they avoid taking property until the estate is administered.
  • Ask others to document any items they claim as their own (gifts, receipts, photos proving ownership). Encourage cooperation through a temporary joint inventory.

5. Seek legal authority from probate court as soon as possible

The strongest long-term protection is court-ordered authority. In Colorado you can petition the county probate court to be appointed the personal representative (administrator) or ask the court for temporary relief to preserve estate property. The Colorado courts provide probate forms and information online—start there:

You can request the court to issue temporary or emergency orders (for example, a temporary personal representative appointment or an order prohibiting removal of property) when there is a threat to estate assets. Courts evaluate petitions quickly if there is an imminent risk of loss.

6. Consider an emergency or temporary personal representative

If siblings are removing property, you (or any concerned heir) can petition the probate court for temporary appointment or other emergency relief. A temporary appointment grants authority to collect and secure assets while the estate process continues. The requirements and forms vary by county; check the local probate court website or the Colorado Judicial Branch forms page linked above.

7. When to call an attorney

Get a probate or estate attorney quickly when:

  • People are actively removing property or there is a high risk of theft.
  • Heirs disagree about access to the property and you fear escalation.
  • You need to file an emergency petition to be appointed temporary personal representative.
  • The deceased owned high-value or complex assets (business interests, multiple properties, firearms, or valuable collections).

An attorney can prepare and file a petition with the correct local forms, request temporary orders, and advise about whether changing locks, removing items to safe storage, or permitting controlled access is safe and lawful.

Helpful Hints

  • Document everything. Date-stamped photos, witness statements, and a paper trail are extremely persuasive to a court.
  • Do not give away, sell, or destroy anything that might belong to the estate until you have clear legal authority.
  • If you move items for safekeeping, produce an itemized, signed, and witnessed inventory and keep original packaging and receipts when possible.
  • Notify the homeowner’s insurance and any renters’ insurers immediately and ask about coverage during estate administration.
  • Contact the local probate court clerk’s office for county-specific filing procedures and timelines; courts often post local probate checklists and form packets online: Colorado Probate Forms.
  • If siblings insist they have a right to certain items (e.g., previously gifted items), ask them to provide proof (photos, receipts, written gift statements). Consider preserving disputed items and letting the court determine ownership.
  • Where possible, try mediation or neutral third-party inventorying to avoid escalation and costly litigation—but do that only if safety and asset preservation won’t be compromised.

Where to find Colorado resources and forms

Final note / disclaimer: This article is for general information only and does not constitute legal advice. Laws and procedures vary by county and by situation. Consult a licensed Colorado probate attorney or the probate court in the county where the decedent lived to get advice tailored to your facts.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.