Understanding Probate in Denver County, Colorado
When someone passes away owning real property in Denver, probate is usually required to transfer ownership to heirs or authorize the sale of the property. Probate is a court-supervised process that validates the will (if one exists), appoints someone to manage the estate, and ensures proper distribution of assets.
Denver is unique in Colorado because it has its own dedicated Probate Court, separate from the District Court. This court handles all probate matters for the City and County of Denver, including estates with real property anywhere within Denver's boundaries.
Colorado offers several types of probate:
- Informal Probate: Most common, least court oversight, fastest process
- Formal Probate: More court supervision, used when there are disputes or complications
- Small Estate Affidavit: For estates under $74,000 with no real estate (doesn't apply when real estate is involved)
Most Denver probates are informal, meaning the personal representative can act with minimal court oversight — including selling real estate without additional court approval.
The Denver Probate Process Step by Step
File with Denver Probate Court
The process begins by filing a petition for probate at Denver Probate Court (1437 Bannock Street, Room 230). You'll need the original will (if one exists), death certificate, and information about the decedent's assets and potential heirs.
Appointment of Personal Representative
The court reviews the petition and appoints a personal representative (executor). This person receives Letters Testamentary — the legal document authorizing them to act on behalf of the estate. In informal probate, this typically happens within 2-4 weeks of filing.
Inventory Assets
The personal representative must identify and inventory all estate assets, including real property in Denver. This includes getting appraisals or market valuations for significant assets.
Notify Creditors
Colorado law requires publishing notice to creditors and directly notifying known creditors. Creditors have 4 months from the first publication to file claims against the estate. This creditor period runs concurrently with other probate activities — you can sell property during this time.
Pay Debts and Taxes
Valid creditor claims are paid from estate assets. Final tax returns are filed. If real estate is sold, the proceeds help cover these obligations.
Distribute Assets to Heirs
After creditors are paid and the 4-month period ends, remaining assets (including real estate sale proceeds) are distributed to heirs according to the will or Colorado intestacy laws.
When Court Approval Is Required
Most Denver probate sales don't need additional court approval, but you will need it if:
- •The will specifically requires court approval for real estate sales
- •It's a supervised (formal) probate administration
- •An heir objects to the sale
- •The sale price is significantly below market value
- •There are disputes among heirs
If court approval is needed, expect an additional 30-60 days for the hearing and approval process. We work with estates in all situations and can coordinate with your attorney.
Denver Probate Court Information
Court: Denver Probate Court
Address: 1437 Bannock Street, Room 230, Denver, CO 80202
Phone: (303) 606-2303
Hours: Monday-Friday, 8:00 AM - 4:00 PM
Note: Denver is one of the few Colorado counties with a dedicated Probate Court. All probate matters for Denver County properties are handled here, not at the Denver District Court.
Documents Needed to Sell Probate Property in Denver
Death Certificate
Certified copy required. Obtain from the Colorado Vital Records office or the funeral home.
Letters Testamentary
Issued by Denver Probate Court after appointment. This document proves your authority to act for the estate. Title companies require this to close.
Court Approval (if required)
Only needed in supervised probates or specific situations. Your attorney can advise if this applies.
Property Deed
Shows current ownership. Can be obtained from Denver County Recorder if needed.
Tax Records
Property tax statements help establish ownership and any outstanding obligations.