Can I Sell A House While It Is Still In Probate In Colorado?
Hey there! Welcome to our super-helpful guide to selling a house successfully while it’s still in probate, especially if you’re in Colorado. Because probate is a legal process there is a lot of jargon.
Guide to Selling Probate Homes
We know probate can sound tricky, but don’t worry, we’ve got your back! Here’s what we’ll answer today:
- Can I sell my house while it is still in probate in Colorado?
- What’s the deal with the probate process in Colorado and how long does it take?
- Who are the people you’ll have to deal with during this process?
- What’s the fastest way to sell a house in probate?
Stick with us, and you’ll be a probate pro in no time, confident and ready to get the most from your house sale. All this in super simple words, so let’s jump right in!
Can I Sell A House While Going Through Probate?
If your asking whether a probate property can be sold you’re not alone. You’re not alone because 1000’s of homes go through probate, and are sold during probate, in Colorado, every year.
You think that’s a lot of houses?
Check out this number!
Nationally over $5.2 trillion will be inherited so it’s obvious many potential heirs are looking for ANSWERS if a house is in probate can it be sold.
While probate is intimidating and difficult to understand because of all the jargon let me give you some hope.
You can sell a house during probate in Colorado
It is perfectly legal to sell a house that is still in probate in Colorado.
And once the house is sold the cash can be used to:
- Pay bills.
- Pay attorney fees.
- Or distributed and given, to family and friends.
Of course, there are some extra forms, people, and processes involved but you can sell a house that is in probate.
So now you know that you can sell a house that is in probate, do you want to know more details like:
- The easiest way to sell a house in probate
- Who buys probate houses in “AS-IS” condition?
- Can you live in a house during probate in Colorado?
- Do all heirs have to agree to sell property in Colorado?
Does Real Estate Have to Go Through Probate in Colorado?
If the deceased person owned real estate in Colorado, the house will have to go through probate. It’s the law in Colorado. You may be asking yourself, what’s the point of probate?
The point of the probate process is to make sure the wishes of the deceased person are carried out. If there are no “wishes” documented, i.e. if there is no will, then Colorado’s probate process will work out who is the legal beneficiary. By legal beneficiary I mean who will inherit the house.
Make sense?
That aside, let’s jump right in to a question I get asked all the time is:
Table of Contents
Colorado Probate FAQ's
Yes. A house can be sold while in probate in Colorado. A house can a house be sold during probate but all of the parties involved must agree. This includes the court that is processing the probate.
While this may suddenly seem difficult it is not. WeBuyHousesInDenver.org has bought 100’s of houses that were in probate in Colorado. You can talk directly to us on the phone (720) 738-6020 or by filling out our form.
If you reach out to us we will not share your information. We will contact you and go over the entire process. There is no-obligation. We are here to help.
We Buy Houses In Denver AKA The Home Buying Company are probate home buyers. We buy Colorado probate houses for cash. I guarantee if you talk with one of our friendly experts you will know exactly how to sell your house in probate in Colorado. The entire probate process will be made clear.
After probate you can sell your inherited house whenever you like. After probate is over in Colorado you own the house. At this point it is exactly the same as selling any house.
If you inherited the house with siblings or other people they will have to agree to sell your house. This is because they will have to sign any real estate documents involved with the sale.
The easiest way to sell your house fast while in probate in Colorado is to sell to a cash buyer. There are many Colorado cash buyers but not all are legitimate. When selling for cash make sure the home buyer gives you the following:
- Earnest money down payment.
- Full transparency on the selling process.
- Complete accounting of fees and charges.
At WeBuyHousesInDenver.org we don’t charge any fees. We cover all normal closing costs. We will put real cash earnest money down. This means if we walk away you keep the cash and the house! For more information on our company you can check out our company page at https://webuyhousesindenver.org/our-company/
We can buy your house while it’s still in probate. Sell AS-IS, Sell Fast, Sell For Cash!
Best Solution To Sell Probate House In Colorado
We Buy Probate Houses In Colorado. In-fact, we are Colorado probate property buying specialists! Fill out the form for your no-obligation ALL-CASH OFFER.
OR CALL (720)-738-6020
Follow this link for more info on how we come up with fair cash offers to buy your house.
Colorado Judicial Branch: Probate and Estate Instructions
The fastest way to sell a house that is in probate is to sell it to a cash buyer. If you work with a home buyer that specializes in the probate process you will sell your house fast and the process will be seamless. Cash will be transferred to the estate then you can divvy it up as you like.
It can be that easy to sell your house in Colorado while it’s still in probate.
Alternative to selling your inherited house for cash in Colorado
Alternatively you could try selling your inherited property on the MLS. The problem with this is buyers will want the house to be move in ready. Plus most buyers will use a mortgage and lenders require the house be in good condition. Many probate houses I have seen need many repairs. They would not qualify for financing.
Either way you can sell a probate property in Colorado. Selling for cash is definitely much easier. I am going to take you through everything you need to know.
Are you ready to find out how easy it can be to sell a house in probate?
How to Sell My House in Probate Colorado
Let’s talk about how to sell your house in probate in Colorado this year.
When someone dies in Colorado all their possessions will be put into their estate. An estate must be formed when a person dies. An estate is formed by filling out some simple paperwork. You can think of the estate as a small business. The job this small business has to do is hand out the assets of the deceased.
If the person that died had a will then the estate would follow the directions of the will. The will would name a person who is responsible for the job. This person is called the executor of the estate.
If the deceased did not have a will then a decision would have to be made as to who would be made responsible for deciding how the assets should be divided up. Commonly the person given this responsibility is a family member, maybe a brother, sister, or cousin.
This process of choosing an executor and dividing up the dead person’s assets is overseen by the local court system. Nothing can move forward unless the court says that it is ok. This entire process is known as probate.
So.. how to sell my probate home in Colorado?
If the person that died owned a house and you want to sell it to divide it up it is actually quite simple. Once the court agrees on who the executor of the estate will be that person can move forward and sell the house.
When the house is sold the cash from the sale will be transferred into the estate’s bank account. Once the funds are in the account the executor can then transfer the money to the appropriate people. This may be people named in the will or if there is no will the executor can choose who gets the money.
And that is how to sell a house in probate in Colorado in a nutshell.
Of course, if you want more details I would invite you to keep reading. Likewise, if you need to sell a house in probate and would like to talk to a trusted home buyer in Denver simply fill out a form and one of our friendly real estate specialists will reach out to you to discuss your options.
Selling A Colorado House In Probate: 10 Critical Facts
Probate is a lengthy process. Even the smallest estates can take 6-12 months to get through the whole thing. In the meantime, the costs related to probate and the estate will be stacking up. There are lawyer fees. Estate fees, and even funeral costs for the deceased. It isn’t uncommon for the executor of the will to consider selling a house in probate, but can you?
We will give you an expert opinion on selling a house in probate. We will tell you who can sell a house during the process. We will let you know where the cash from the sale will go. We will even cover how you can sell the house as quickly as possible. You can think of this as the complete authority guide to house sales during probate in Colorado.
What is Probate?
Probate is the first step in the execution of a will. Before the estate can be distributed to the beneficiaries, it must be proven that the will is the last will and testament of the deceased. How the probate process works can vary on the size of the estate. The process will involve nothing more than signing a form in front of a legal professional with smaller estates. If the estate is substantial, then the will may need to be proven in the probate court, which can take a huge amount of time. The process can be rather costly too.
Can I Sell My House in Probate?
We are assuming that you are the executor of the estate here.
Yes. You can sell your house during probate. However, the house sale will need to meet a few conditions:
- The property must be professionally appraised.
- The price the house is being sold for must be at least 90% of the home’s appraised value.
- You must ask the Colorado probate court permission before the house can be sold.
The funds received from the house sale will be added to the estate. Any fees probate management will be deducted. At the end of the probate process, the leftover cash will be distributed based on the will’s contents.
The executor will not be able to sell the home if the property has been expressly willed to somebody. They would need to seek the permission of the future owner of the property.
Can You Live In a House During Probate?
You can live in a house during the probate process. In fact, it is often recommended that a person does live in a house in probate. It helps to keep the property secure. It also helps to ensure that any issues with the property can be quickly dealt with, which can lead to a higher sale price later on.
If the property is being rented out, then the cash from the rental will need to be paid into the estate. This will be distributed at the end of the probate process.
While the house is in probate, all assets in the property must be kept. They cannot be sold until the probate process has been completed, although they can be placed in storage.
Petition To Sell a House in Probate
Before a house in probate can be sold, a petition will need to be made to the probate court in Colorado. This petition must be made by the executor of the will, although, in most cases, the petition will go through the legal expert working on the case.
The petition is essentially the executor asking the courts for permission to sell the property before the will has been legally accepted as real. The court’s job is to ensure that the house is not being sold below market value. This means that before a petition can be made, the property will need to by a real estate specialist. The court will then require that the property is sold at a minimum of 90% of the property’s appraised value.
The courts will determine how the cash is distributed when the property has been sold.
The Probate Process
When real estate is involved, the probate process will normally involve going through probate courts. This process often begins with the will’s executor consulting with a lawyer. Together, a ‘Formal Probate’ form will need to be filed with the probate court. This form is simple to fill in. Attached will be the death certificate, will, and a few other documents. The court will then appoint a representative to manage probate. This includes posting notices in newspapers, making an inventory of assets, etc. The assets will be distributed to the beneficiaries at the end of the probate process.
By law, the probate process must take a minimum of 6-months.
Reason To Sell a House in Probate
There are several reasons why a person may wish to sell a house during probate. This may include:
- Cash is required to pay for ongoing expenses in the estate management.
- Cash is required to cover the cost of the funeral..
- Cash is required to cover lawyer fees related to probate.
In rare cases, a person may also opt to sell a house during the probate process because they want to take advantage of a seller’s market. Perhaps they have received an offer higher than they would receive if they waited until the end of the probate process.
As the executor of the estate, it is important that you talk to the legal professional dealing with probate for you. They can help you to determine whether the house needs to be sold right away.
Who Can Sell a House in Probate?
Only the executor of the will has the ability to sell a house during the probate process. However, they cannot make the decision unilaterally. The court must approve any sale of the property. Without the probate court’s approval, then the home will remain in probate until the process has been completed.
How To Sell a House in Probate?
- The value of the property is appraised by a certified professional.
- The executor of the estate submits a petition to the court for a house in probate to be sold.
- The court determines whether the property can be legally sold.
- If the house can be sold, the court will stipulate a minimum price for which the property must be sold.
- The executor can put the house on the market.
- When the house is sold, the funds from the sale (minus expenses) will go into the estate’s assets.
How To Get The Most Profit When Selling a House in Probate
While it can be tempting to carry out renovations to a property in order to squeeze the maximum amount of value from it, this is not recommended. Unless you have experience flipping homes for profit, it is best not to do it. The executor of the estate has a legal obligation to sell the home for the most that they possibly can do. If they renovate the home, a lot can go wrong. The renovations really will cut into the profit.
Other than having a quick tidy-up, a house in probate should be sold ‘as-is.’. This is the only way to guarantee that the property will make cash.
Who Will Buy a House in Probate
If you are selling a house in probate, it would be wise to seek out a cash buyer. There are several advantages to this:
- You will be able to sell the property as-is. Most cash buyers are looking to flip, and they aren’t fussed about the state of the property.
- The process is quicker. Most cash buyers are not part of a chain.
- You can often work with cash buyers directly. This means that there will be no commissions to pay to real estate agents.
- There is less red tape as the sale doesn’t need to pass through inspectors or banks. Again, it contributes to a faster sale.
There are a lot of cash buyers out there. It is important that you do your research to ensure that you work with trusted companies when selling a house in probate. Dealing with probate is hard enough. You don’t want to make the process even harder.
WeBuyHousesInDenver.org is the number 1 cash homebuyer in Denver, Colorado. Countless people have sold their property to this company, and this includes executors looking to sell a house in probate. Specific information has been complied by our consultants on Colorado Cash Buyers for you here.
Conclusion
You can sell a house in probate, although the process may not be as easy as you may think. You will need to consult with legal experts, and a petition will need to be made to the probate court. If you are granted permission to sell the home, then you have a legal obligation to sell the property for as much as you can and as quickly as you can. Working with cash buying companies that specialize in Colorado’s probate process such as WeBuyHousesInDenver.org, you can ensure that you receive cash for your home sale incredibly quickly, all within the guidelines that the probate court professionals have laid out.
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