Colorado probate & inherited homes

Selling a house in probate in Colorado? Start here.

Someone you love has passed and there's a house to take care of. We help Colorado families and personal representatives sell, keep or settle an inherited home, with straight answers and no pressure.

Updated October 2026 · Colorado rules and figures for 2026

Simon Dzienis and Ewelina Kurka, husband-and-wife Colorado real estate team at Your Castle Realty
Simon & Ewelina, Your Castle Realty
Key facts for Colorado families

Colorado probate in five numbers (2026)

$88,000Small estate affidavit limit for 2026 deaths. Never usable for real estate.
10 daysDeadline to deliver the original will to the district court after death
120 hoursEarliest a personal representative can be appointed informally
4 monthsMinimum creditor window after the first published notice
$0Colorado estate or inheritance tax

Does the house need probate? If the person owned it alone, or as a tenant in common, usually yes. If it was in joint tenancy with a survivor, had a recorded beneficiary deed, or sat in a living trust, usually no. See the full title table.

Who can sell it? Only the personal representative named by the court, and only after the court issues Letters. A will alone gives nobody authority to sign.

How we help

From the first call to the closing table

1. Free 30-minute consultation

We look at how the house is titled, where the estate is in probate, what's owed on the house, and what the family wants.

2. A clear plan with real numbers

Sell as-is, fix and sell, or a cash offer, with comparable sales for each. We'll also tell you when you need a probate attorney or CPA.

3. We do the work

Securing the house, clean-outs, vendors, repairs, pricing, marketing, every showing in person, and a clean closing with the title company.

Got a "we buy houses" letter?

Estate houses get a lot of cash offers. Compare before you sign.

Probate filings and death notices are public, so investors mail personal representatives within weeks. Some offers are fair for a house that needs major work. Many are well below market value, and that gap comes out of the heirs' share.

We've bought, fixed and sold houses as investors for about 20 years, so we can tell you what a cash buyer will likely pay and what the open market will likely pay. Then the family decides. Compare your options.

Why families call Simon & Ewelina

Local, experienced, and on your side

  • About 20 years in Colorado real estate and investing, from Colorado Springs to Fort Collins.
  • A husband-and-wife team. Talk with Simon or with Ewelina, whoever you're more comfortable with.
  • English and Polish. Mówimy po polsku.
  • We're at every showing in person. An empty estate house is never left with a lockbox on the door. We know exactly who walked through and when.
  • Out-of-state heirs welcome. We coordinate clean-outs, repairs and vendors so you don't have to fly in for every step.
  • Straight answers. If selling isn't the right move for your family, we'll say so.

"Simon and Ewelina were top notch selling our home in Colorado Springs! Our home sold in 72 hours with 3 offers the weekend of the Open House. We would highly recommend them!"

Wayne G., home seller, Colorado Springs · Google review

"Simon and Ewelina personally attended every single showing, meeting with buyers face-to-face. This made a huge difference in how our home was presented."

Kate S., home seller · Google review

"They did a great job for us. Their numerous contacts were very helpful. Simon explains his strategies and follows through with what he says. We're glad we listed with them."

Thom N., home seller · Google review

Real reviews from past clients on our Google Business Profile. Every situation is different, and past results don't guarantee yours.

Service area

Probate real estate help across the Colorado Front Range

We work with personal representatives and heirs in Denver, Arapahoe, Jefferson, Douglas, Adams, Broomfield, Boulder, El Paso, Larimer and Weld counties, including Denver, Aurora, Lakewood, Littleton, Centennial, Highlands Ranch, Englewood, Arvada, Westminster, Thornton, Parker, Castle Rock, Evergreen, Colorado Springs, Monument, Fort Collins, Loveland, Greeley and Windsor. Probate is filed in the district court of the county where the person lived (Denver has its own Probate Court). Out of state? We help heirs anywhere sell a Colorado house.

Common questions

Colorado probate real estate FAQ

Can you sell a house during probate in Colorado?

Yes. Once the court appoints a personal representative and issues Letters, the personal representative can usually sell without a court order (C.R.S. 15-12-711). The exceptions are supervised administration, Letters that restrict the sale, a will that limits it, or a house left to a specific person.

Do you need court approval to sell a house in probate in Colorado?

Usually not. Colorado does not use California-style court confirmation sales. A court order is needed only in supervised administration or when the Letters say the personal representative's authority is restricted.

How long does probate take in Colorado?

A simple, uncontested estate often takes about 6 to 12 months from start to close. Letters can be issued as soon as 120 hours after death, creditors get at least 4 months after the first published notice, and the earliest an estate can close by sworn statement is 6 months after appointment or 1 year after death, whichever comes first. The house can usually be listed as soon as Letters are issued.

Who has the right to sell a house after someone dies in Colorado?

The court-appointed personal representative, once they have Letters. Being named executor in the will is not enough by itself. If the house was in joint tenancy, the surviving owner sells. With a beneficiary deed, the beneficiary sells. With a trust, the successor trustee sells.

Can I sell my parent's house without probate in Colorado?

Yes, if the house was held in joint tenancy with a survivor, had a beneficiary deed recorded before death, or was owned by a living trust. If your parent owned it alone or as a tenant in common, probate is normally required.

What is the small estate limit in Colorado for 2026?

$88,000 for deaths in 2026. The amount is adjusted every year. The small estate affidavit cannot be used to transfer real estate.

Does Colorado have an inheritance tax?

No. Colorado has no inheritance tax and no estate tax. The federal estate tax only applies to estates over $15 million per person for deaths in 2026.

Do I pay capital gains tax on an inherited house?

Usually only on growth after the date of death, because inherited property generally gets a stepped-up basis. If you sell soon after inheriting, the taxable gain is often small. Ask your CPA.

What happens to the mortgage when the owner dies?

The loan stays in place, and federal law (Garn-St Germain) stops the lender from calling it just because the house passed to family at death. Payments must continue until the house is sold or refinanced.

What if one heir doesn't want to sell?

During probate, the personal representative decides but must act fairly for all heirs. An heir can ask the court for a formal or supervised proceeding. After probate, co-owners who can't agree may end up in a partition case, which is slow and expensive.

Is the consultation really free?

Yes. A 30-minute call or meeting, no cost and no obligation. If selling isn't the right move for your family, we'll tell you.

Can I handle the sale from out of state?

Yes. Many personal representatives live in another state. Documents can be signed electronically, and we handle showings, vendors, clean-outs and repairs locally.

Talk it through with a real person, free

A free, confidential 30-minute consultation. We'll look at the house, the estate's situation and what the family wants, and lay out every option, even the ones that don't involve us. English or Polish.

Prefer to pick a time? Book a free 30-minute call.