Attorney or Agent? How to Navigate Real Estate in Probate
If you’re managing an estate in Colorado, you’re likely juggling a long list of responsibilities—and facing some unfamiliar territory. One of the biggest questions we hear is: “Do I call a probate attorney first, or a real estate agent?”
The answer depends on where you are in the process—but knowing the difference between the two roles can save you time, money, and unnecessary stress.
At Colorado Estate Services, we work closely with both families and attorneys to keep the real estate side of probate smooth, respectful, and efficient. Here’s a breakdown to help you know who to call, and when.
When to Call a Probate Attorney
Your first step after a loved one passes—especially when real estate or other significant assets are involved—is to consult a probate attorney. Their role is to guide you through the legal process of settling the estate.
A probate attorney can help you with:
- Filing the will and initiating probate with the court
- Appointing a Personal Representative (PR)
- Notifying creditors and managing claims
- Interpreting legal documents, timelines, and court requirements
- Resolving disputes among heirs or beneficiaries
- Ensuring compliance with Colorado probate law
Even with a “simple” estate, an attorney can help avoid costly delays or legal issues.
You can also find helpful resources and probate forms directly on the Colorado Judicial Branch’s probate page.
Note: Colorado Estate Services does not provide legal advice, but we’re happy to refer trusted probate attorneys we work with regularly.
When to Call a Probate Real Estate Agent
Once a Personal Representative has been officially appointed and there’s real property to sell, it’s time to bring in a probate-savvy real estate agent.
At Colorado Estate Services, we specialize in guiding estate sales from start to finish, and we can assist with:
- Providing property valuations (retail market vs. quick-sale options)
- Coordinating clean-outs, repairs, and landscaping
- Staging and listing the home for maximum exposure
- Handling vacant property security and maintenance
- Supporting out-of-state heirs or PRs with remote closings
- Navigating potential title issues related to estates or heirs
While a real estate agent can’t give legal advice, they can make the sale process smoother, more profitable, and less overwhelming.
How Attorneys and Real Estate Agents Work Together
The best outcomes happen when attorneys and agents collaborate effectively. At CES, we frequently work alongside probate attorneys to ensure the estate’s real property is handled with care, professionalism, and attention to timelines.
Together, we help clients:
- Sell properties efficiently and legally
- Maximize returns for heirs and beneficiaries
- Navigate complex property situations (tenants, liens, hoarding, etc.)
- Keep everything documented and aligned with court requirements
We respect legal boundaries, communicate proactively, and help Personal Representatives feel confident and supported.
Not Sure Where to Start?
Whether you’re in the early stages of probate or ready to prepare the property for sale, we’re here to guide you.
Contact Colorado Estate Services for a free consultation—we’ll help you connect with the right professionals and walk you through what comes next.