How Probate Transfers Real Property Under a Will in Colorado

Note: This article explains how property transfer by probate works under Colorado law. This is educational information only and not legal advice. Consult a Colorado-licensed attorney for advice about a specific situation.

Detailed answer — How probate transfers real property in Colorado

When a person dies owning real property titled in their name, Colorado law generally requires a formal act to change title into the name of the person or people who inherit under the will. The usual route is probate: the deceased’s will is admitted to the district court and the court appoints a personal representative (sometimes called an executor or administrator). The personal representative handles the estate’s debts and then transfers the property to the devisee(s) named in the will.

Key concepts (simple terms)

• Will probate: The court process that establishes the will as valid and gives someone authority (letters testamentary) to act for the estate.
• Personal representative (PR): The person the court appoints to collect assets, pay debts, and transfer property according to the will and law.
• Devisee: A person who receives real property under the will.
• Non-probate transfers: Methods that move title outside probate (joint ownership with right of survivorship, transfer-on-death (TOD) deed, beneficiary designation, or deeds already recorded). These avoid the need for the PR to transfer title through probate.

Typical steps to transfer real property under a will in Colorado

1. Locate the will and determine title: Find the original will and confirm how the property is titled. If the property is jointly owned with right of survivorship, or if there is a valid TOD deed recorded, probate may not be necessary for that property.
2. File a petition to admit the will to probate: File the will and a probate petition in the district court in the county where the decedent lived. The court evaluates the will and can enter an order admitting it to probate and appointing a personal representative.
3. Appointment and letters: Once the court appoints the PR it issues letters testamentary (or letters of administration). These documents prove the PR’s authority to act (for example, to sell or convey real estate).
4. Notice to creditors and estate administration: The PR is responsible for identifying creditors, paying valid debts, and following Colorado procedures for creditor notice and claims.
5. Prepare transfer documents: After debts and obligations are addressed, the PR signs the appropriate deed (usually a personal representative’s deed or executor’s deed) conveying the property to the devisee(s) specified by the will or pursuant to the court’s decree of distribution.
6. Record the deed: The deed, together with any required certified documents (for example, a certified copy of the letters testamentary or court order and possibly a death certificate), is recorded with the county clerk and recorder where the property is located. Recording changes the public record of title.

When probate may not be required for real property

• If the property was owned jointly with right of survivorship, title often passes automatically to the surviving joint owner.
• If the owner executed a valid Colorado transfer-on-death (TOD) deed (when available by statute), the beneficiary named on that deed receives title upon recording the required proof of death.
• If the decedent had already put the property into a trust that transferred on death, the trustee follows the trust terms (often outside probate).
• In contrast, a small personal-property affidavit may allow transfer of personal property without full probate, but Colorado generally requires formal probate for real estate unless a non-probate device applies.

Practical issues the personal representative must address

• Confirm whether there are mortgages, liens, tax liabilities, or other encumbrances on the property; liens normally must be addressed before clean title can transfer.
• Decide whether to sell or distribute the property in-kind; selling requires court authorization if the will or statute so requires or if it’s necessary to pay debts.
• Provide required creditor notices and await the expiration of statutory claim periods before distributing assets in many cases.
• Obtain title insurance or work with a title company to confirm the documents needed to record and insure the transfer.

Where to find Colorado law and court forms

Colorado’s probate statutes and titles are codified in Title 15 (Probate, Trusts, and Fiduciaries). For an official compilation of the statutes, see the Colorado Revised Statutes (Title 15):
2023 Colorado Revised Statutes, Title 15 (PDF).

For practical court forms and procedural guidance from the Colorado Judicial Branch, see the Probate forms and information page:
Colorado Judicial Branch — Probate Forms.

Helpful Hints

• Start by checking the county recorder’s office for any recorded TOD deeds, deeds with survivorship language, or recorded liens. Those records determine whether probate is necessary for title transfer.
• Get a certified copy of the death certificate early; many institutions and the recorder require it to accept transfers.
• If you are named as personal representative, you usually must formally qualify with the court to obtain letters before you can legally sign a deed as PR.
• If the property has a mortgage, contact the mortgage holder. Mortgages survive death and must be paid or assumed; the mortgage company may require proof of probate authority to discuss or handle a payoff.
• Keep careful records of estate actions. The PR has fiduciary duties and must document distributions and expenses.
• If quick transfer is essential (for example, to sell to prevent loss), talk with a probate attorney. There are procedures and court motions that can speed some steps when urgent needs exist.
• Title companies can confirm exactly what documents they will accept to insure title after probate transfers. Before recording, ask what certified documents the county clerk requires.
• Be aware of tax consequences (estate tax, inheritance issues, property tax reassessment). Consult a tax advisor when distributions involve significant assets.

Final recommendation: Transferring real property through probate involves court steps and fiduciary duties. If the value or complexity of the property or estate is more than minimal, or if there are mortgages, creditors, or multiple claimants, consult a Colorado probate attorney. An attorney can confirm whether probate is required, help you prepare the probate petition, obtain letters testamentary, navigate creditor claims, and prepare the required deed and recording documents.

Disclaimer: This information is educational and general in nature and does not create an attorney-client relationship. It is not legal advice. For advice about a specific situation involving Colorado real property or probate, consult a Colorado-licensed attorney.