How to Finalize a Probate Home Sale in Colorado
In Colorado, personal representatives (PRs) are often tasked with selling estate property as part of their duties. But when court approval is required, the process adds an extra step. Whether you’re an heir, a PR, or an attorney guiding a client, understanding how to properly obtain permission to sell is key to keeping the process smooth and legally compliant.
When Is Court Approval Needed?
Not every estate requires court approval to sell a home. In Colorado informal probate cases, the PR typically has full authority to sell real estate without court oversight—unless the will says otherwise. However, court approval is required in the following situations:
- The estate is in formal probate.
- The will restricts the PR’s power to sell.
- An heir or interested party objects to the sale.
- There are disputes over the value, timing, or terms of the sale.
When any of these conditions apply, the PR must request approval from the probate court before listing or closing on the property.
How to Request Court Approval
- Work with an attorney. While it’s possible to handle this step without legal counsel, we strongly recommend working with an experienced probate attorney to draft the motion correctly and avoid delays.
- File a motion with the probate court. This motion typically outlines the details of the sale: price, buyer, terms, and why the sale is in the best interest of the estate.
- Give notice to heirs. All interested parties must be notified of the proposed sale and given an opportunity to object.
- Wait for court approval. If there are no objections—or if objections are resolved—the court will issue an order allowing the sale to proceed.
What Happens After Approval?
Once the order is granted, the PR can move forward with closing. Title companies and buyers’ agents often ask to see the court order approving the sale as part of their due diligence. Make sure to keep this document accessible throughout the transaction.
Final Tip
If you think you might need court approval, start the process early. The motion and hearing can take several weeks, and waiting until you have a buyer under contract can delay the sale—or even cause it to fall through.
If you’re preparing to request court approval to sell estate property, make sure you’re using the correct forms. You can find the official probate documents on the Colorado Judicial Branch – Trusts, Estates, and Wills Forms page.
By partnering with Colorado Estate Services, you can trust that the closing process will be handled efficiently and that every detail will be attended to, ensuring a successful and smooth completion of the sale. Our expertise in estate sales, combined with our commitment to client satisfaction, means that you can confidently rely on us to manage this final, critical step in the probate process.