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Selling a House in Probate in Denver

As executor or personal representative, you have authority to sell estate property in Denver. Here's how the Denver Probate Court process works and what you need to know to sell efficiently.

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The Key Point

You don't have to wait for probate to close to sell real estate in Denver. Once appointed as personal representative and issued Letters Testamentary by Denver Probate Court, you typically have authority to sell — often within 2-4 weeks of filing. The sale proceeds go into the estate account for later distribution.

Can You Sell a House During Probate in Denver?

Yes. Once you have Letters Testamentary from Denver Probate Court, you generally have authority to sell estate real property. This is true even while probate is ongoing — you don't need to wait for the full process to complete.

In most informal Denver probates, the personal representative has "unsupervised" or "independent" authority, meaning they can sell real estate without additional court approval. The sale proceeds go into the estate account and are distributed after the creditor period ends.

Selling during probate to a cash buyer like us offers several advantages:

  • No financing contingencies: Our cash offer means no risk of buyer loan denial
  • Faster closing: We can close in 7-14 days, helping meet estate timelines
  • Simpler process: No repairs, staging, or extended showings to manage
  • Certain outcome: Know exactly when you'll close and for how much

Your Options for Selling Denver Probate Property

Traditional Sale (Agent)

  • +Potentially higher sale price
  • +Agent handles marketing
  • 5-6% commission ($30K-$60K on typical Denver home)
  • 3-6 month timeline typical
  • Showings, repairs, negotiations
  • Uncertain closing date
  • Buyer financing can fall through

Direct Sale (Our Approach)

  • +Offer within 24 hours
  • +Close in 7-14 days
  • +No repairs or cleaning needed
  • +No commissions or fees
  • +Certain closing date
  • +Handle probate complications
  • +Cash offer, no financing risk

Need to Sell a Probate Property in Denver?

We work with executors and personal representatives every day. Get a cash offer within 24 hours with no obligation. We coordinate with Denver Probate Court requirements and can close on your timeline.

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Denver Probate Sale FAQs

Denver has its own dedicated Probate Court located at 1437 Bannock Street, Room 230, Denver, CO 80202. This is separate from the Denver District Court and handles all probate matters for properties in the City and County of Denver.

Full probate in Denver typically takes 6-12 months from filing to final distribution. However, you can gain authority to sell real estate much sooner — usually within 2-4 weeks of filing once the personal representative is appointed and Letters Testamentary are issued.

Yes. Once the court appoints a personal representative and issues Letters Testamentary, you typically have authority to sell real estate. You do not need to wait for probate to close. The sale proceeds go into the estate account and are distributed after creditors are paid.

The personal representative has authority to sell estate property if it is in the best interest of the estate. While communication with heirs is important, unanimous agreement is not always required. Significant disputes may require court involvement.

If there is no will (intestate), the property passes according to Colorado intestacy laws, typically to the surviving spouse and/or children. The court will appoint an administrator (similar to personal representative) who can then sell the property following the same general process.

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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

1

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.

2

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.

3

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.

4

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.

5

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.

6

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.

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