Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies owning real property in Colorado, that property often must pass through probate to become part of the decedent’s estate. Below are the key steps under Colorado law to include real property successfully in the estate.
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Identify and Verify Ownership
Locate the deed and review the title. Confirm whether the property is held in sole ownership, joint tenancy with right of survivorship, tenancy in common, or under a transfer-on-death (TOD) deed. Only property held in sole tenancy or tenants in common generally enters probate.
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File a Petition to Open Probate
The personal representative (formerly executor) or an interested party files a petition in the county probate court where the decedent lived. See C.R.S. § 15-10-201 (leg.colorado.gov).
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Appoint a Personal Representative
The court appoints a personal representative who gains authority to manage estate assets, including real property. Requirements and qualifications appear at C.R.S. § 15-10-203 (leg.colorado.gov).
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Inventory and Appraisal of Real Property
Within three months of appointment, the personal representative must file an inventory and appraisal of all estate assets, including real property. See C.R.S. § 15-12-703 (leg.colorado.gov). This step ensures accurate valuation for creditors and beneficiaries.
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Resolve Title or Lien Issues
Clear any outstanding mortgages, liens, or disputes. Where title clouds exist, you may pursue a quiet-title action under C.R.S. § 38-30-113 (leg.colorado.gov).
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Sale or Distribution of Real Property
If the will directs sale or if beneficiaries agree, the personal representative petitions the court for authority to sell real property. Alternatively, the property may pass in-kind to beneficiaries per C.R.S. § 15-12-801 (leg.colorado.gov).
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Record Transfer Documents
After sale or distribution, record a certified copy of the court order or the new deed with the County Clerk and Recorder’s office to transfer title officially.
Helpful Hints
- Review any beneficiary or transfer-on-death deeds recorded before death; they avoid probate entirely (C.R.S. § 15-15-901).
- Check for joint-tenancy arrangements; they pass outside probate by right of survivorship.
- Collect all originals: deeds, title insurance policies, mortgage statements.
- Meet deadlines: file inventories and appraisals within three months to avoid court sanctions.
- Consider alternative transfer methods—revocable trusts and TOD deeds—to simplify future estate administration.