Detailed Answer

This explains, in plain language, how to get the probate court’s permission to sell real property in Colorado if the clerk’s office won’t explain the filing requirements. This is general information only and not legal advice.

Who can ask the court to authorize a sale?

Usually a personal representative (executor or administrator) of the estate asks the court to authorize a sale. If no personal representative has been appointed, an interested person (heir, devisee, or creditor) may petition the court to open an estate or to request appointment of a fiduciary and an order to sell property.

When do you need the court’s permission?

Permission is normally required if the personal representative’s authority under the will or Colorado law does not clearly allow the sale, or if the sale affects beneficiaries’ rights (for example, sale of real estate devised to specific people). Even if the will grants broad powers, many personal representatives still seek a court order to clear title and to protect themselves from later claims.

Basic steps to get court permission to sell real property in Colorado

Confirm your role and the estate’s status. Are you the appointed personal representative? Has a probate case been opened in the county where the property sits? If no case exists, someone must open probate or ask the court for appointment before the estate’s assets can be administered.
Check the will and any prior court orders. Look for language that authorizes sale of estate property. If the will expressly authorizes sale, you may still file a petition to get a court order approving the specific sale so the title company will close.
Prepare a Petition (sometimes called a Motion) asking the court to authorize the sale.
- Identify the estate and case number (or state that you will ask the court to open a case if none exists).
- Identify the property by legal description or county parcel number.
- Explain why the sale is necessary or in the best interest of the estate (e.g., to pay debts, taxes, administration costs, or to distribute proceeds).
- Attach the proposed purchase contract or a summary of the proposed sale terms (price, buyer, contingencies).
- Attach an appraisal or broker comparables if available, to show fair market value.
- Request a specific court order authorizing the sale and, if needed, authority to execute closing documents and pay closing costs and commissions.
File the petition in the proper county court where probate is or will be opened. If a clerk refuses to explain legal requirements, ask for the court’s published probate forms and instructions or the court’s self-help resources. Clerks will accept filings but cannot give legal advice. If you do not know the correct county, file where the decedent lived or where the property is located.
Serve or notify interested parties. Colorado probate procedure requires notice to heirs, devisees, and often creditors. The petition should state who will be served and how. If anyone objects, the court may schedule a hearing. See general Colorado probate law at the Colorado General Assembly website for notice and service rules: C.R.S. Title 15 (Probate and Orphans’ Courts).
Request a hearing or ask the court to act on the written petition. Some courts will set a hearing. If no one objects and the judge approves, the judge will sign an order authorizing the sale. Include a proposed order for the judge to sign with specific authorization language (authority to execute contracts, distribute proceeds, and sign closing documents).
If a quick sale is needed, request expedited relief. File a motion stating the emergency reasons (risk of loss, pending offer deadline). Ask for an expedited hearing or temporary order granting immediate authority to enter into a contract and complete a sale subject to later confirmation.
Record the court order and complete the sale. Provide the buyer’s title company a certified copy of the signed order. The order protects the personal representative and allows the title company to clear title and close.

What documents you should assemble before filing

Death certificate of the decedent
Will (if any)
Letters testamentary or letters of administration (if already issued)
Property description and parcel number
Proposed purchase agreement or offer
Appraisal or broker comps
Inventory of estate assets and any known debts secured by the property
List of heirs, beneficiaries, and their addresses

Where to get filing forms and local information

If the clerk’s office refuses to explain filing requirements, use these resources:

Colorado Revised Statutes — Title 15 (probate law): https://leg.colorado.gov/content/probate-and-orphans-courts
Colorado Judicial Branch self-help and forms pages for probate: https://www.courts.state.co.us/Self_Help/ (look for probate forms and local court instructions)
Local county court website — many counties publish probate checklists and required local forms

If the clerk won’t explain or is unhelpful

Remember court clerks cannot give legal advice, but they can point to forms and filing rules. Ask for printed form names, local filing hours, filing fees, and where to learn about hearings.
Use the state court self-help resources listed above for forms and step-by-step instructions.
Consider hiring a probate attorney for at least a short consult or to prepare the petition. A lawyer can draft the petition and proposed order so the clerk can accept the filing and the judge can sign it without back-and-forth.
If cost is a concern, look for low-cost legal clinics, law school clinics, or the Colorado Bar Association referral services.

Common issues and quick fixes

If title company says they need a court order: file a Petition for Order Authorizing Sale attaching the contract and ask for quick entry of the order.
If an heir objects to the sale: the court will schedule a hearing. Be prepared with appraisals and testimony that the sale is fair and necessary.
If you’re not the personal representative: petition the court to appoint you or to compel appointment of a representative so administration (including sale) can proceed.

Legal references

Colorado probate law and notice requirements are in the Colorado Revised Statutes (Title 15). See the General Assembly’s overview for probate and orphans’ courts here: https://leg.colorado.gov/content/probate-and-orphans-courts. The Colorado Judicial Branch maintains self-help resources and probate forms at: https://www.courts.state.co.us/Self_Help/.

Helpful Hints

Start by identifying whether a probate case already exists. Case numbers make everything easier.
Assemble a short, clear petition with the sale contract and a proposed order. Judges prefer complete filings they can sign quickly.
Give notice to all heirs and interested parties early. Lack of proper notice can delay or void a sale.
Always include a proposed order with specific, limited powers (e.g., authorize sale, sign closing documents, and distribute proceeds after debts are paid).
If you need to move fast, call the court clerk and politely ask how to request an expedited hearing; follow up in writing and file a motion explaining the urgency.
Keep copies of everything filed and served. Bring a certified copy of the signed order to the title company at closing.
If the clerk refuses to provide procedural help, request the court’s self-help desk or local legal aid contact information. Clerks can’t give legal advice but must accept filings that meet filing requirements.
When in doubt, consult a probate attorney — even a one-hour consultation can save time and prevent costly mistakes.