If you’re navigating the loss of a loved one and find yourself in charge of their estate, selling a home might be one of the biggest—and most emotional—tasks ahead. In Colorado, homes are often the primary asset in an estate, and they sometimes need to be sold to pay debts, distribute inheritance, or simply because no one plans to live there.

So how does selling a house during probate actually work? Let’s walk through the process, step by step, so you can feel more prepared and less overwhelmed.

First Things First: Is Probate Required?

If the home was solely in the deceased person’s name—with no joint owner or living trust—then yes, it will likely need to go through probate before it can be sold. Probate gives the personal representative (sometimes called an executor) the legal authority to transfer or sell the property.

If the home was in a trust or owned jointly with rights of survivorship, probate may not be needed. But if you’re not sure, it’s wise to check with a probate attorney before listing the property.

Who Has the Authority to Sell the Home?

Only the court-appointed personal representative has the legal authority to sell a home during probate. That means you’ll need to:

• Open a probate case with the local court
• Be officially appointed as personal representative
• Receive “Letters of Administration” or “Letters Testamentary” if there’s a will

These court documents allow you to list the home, accept offers, and sign the deed.

Can You List the Home Before Probate Is Opened?

Not quite. While you can prepare the home for sale—cleaning it out, gathering paperwork, getting an appraisal—you can’t actually list or sell the property until probate is officially opened and you have authority from the court.

Trying to sell too soon can cause legal delays, title issues, or even invalidate the sale.

Does the Court Have to Approve the Sale?

In most informal probate cases in Colorado, once you’re appointed as personal representative, you don’t need court approval for the sale. You’ll still need to act in the best interest of the estate and keep beneficiaries informed, but you generally won’t need a judge’s signature to move forward.

However, if there are disputes among heirs or you’re in a formal probate case, you may need court approval before completing the sale.

What About Timing and Delays?

On average, a probate home sale takes longer than a typical sale—often 6 to 12 months from start to finish, depending on:

• How quickly probate is opened
• Whether the title is clear
• If repairs or clean-out are needed
• Market conditions or buyer financing delays

The good news is that experienced probate attorneys and real estate agents can help streamline the process and avoid unnecessary delays.

How Are Proceeds from the Sale Handled?

The money from the sale doesn’t go straight to the heirs. It must be held by the estate to:

• Pay off debts, taxes, and final expenses
• Cover attorney fees and probate costs
• Be distributed according to the will—or Colorado law if there’s no will

It’s important to work with someone who understands the legal order of payments so everything is handled properly and fairly.

The Bottom Line

Selling a home during probate in Colorado is a process, but it doesn’t have to be a painful one. With the right steps and support, you can handle the sale legally, efficiently, and with care for everyone involved.

If you’re navigating a probate estate that includes real estate, we’re here to help. At Lester Law, we work with personal representatives to guide them through every step with clarity, compassion, and flat-fee options whenever possible. Let’s make this part of the process feel lighter.

———–
This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.