Short answer

When someone dies in Colorado and their estate goes through probate, the estate (through the personal representative) is responsible for administering the decedent’s debts and preserving estate property. Mortgages secured by real property do not disappear at death. If mortgage payments stop, a lender can pursue foreclosure under Colorado law. Utilities can be turned off if bills are unpaid, and the personal representative (or another responsible party) should act promptly to avoid loss or extra expense.

Detailed answer — who pays what while an estate is in probate

1. The personal representative’s role

When a court appoints a personal representative (sometimes called an executor or administrator), that person has the legal duty to locate assets, pay valid debts and taxes, and preserve estate property until distribution. The personal representative’s authority and duties come from Colorado probate law; they must follow Colorado statutory procedures and any orders from the probate court. For the statutory framework for probate and the duties of fiduciaries in Colorado, see Colorado Revised Statutes, Title 15 (Probate, Trusts and Fiduciaries): https://leg.colorado.gov/sites/default/files/15.0.pdf.

2. Mortgages and secured loans

Mortgages are secured by the property and remain attached to the real estate after death. The estate is generally responsible for mortgage payments to the extent estate assets are available. Practically this means:

• The personal representative should notify the mortgage lender of the death, provide required documentation (death certificate and letters testamentary/letters of administration) and explain how the estate plans to handle payments.
• If the estate has cash or liquid assets, the personal representative may use those assets to make mortgage payments while administering the estate.
• If the estate cannot make the payments, the lender may begin foreclosure procedures under Colorado foreclosure law. Foreclosure and remedies for mortgage default are governed by Colorado law on real property and foreclosure (see Colorado Revised Statutes, Title 38): https://leg.colorado.gov/sites/default/files/38.0.pdf.

3. Practical options to avoid foreclosure

• Contact the lender immediately to request a temporary forbearance, loss-mitigation options, assumption of mortgage by an heir (if allowed) or modification.
• If an heir wants to keep the property, they may refinance or assume the mortgage (if assumption is allowed by the loan terms and lender).
• The personal representative may petition the probate court to approve payment of mortgage installments from estate funds or to authorize the sale of the property to pay the mortgage and other debts.

4. Utilities, maintenance and property preservation

Utilities (electricity, water, gas, phone, internet) are typically in the decedent’s name and can be disconnected for nonpayment. Key points:

• The personal representative should contact utility providers as soon as possible to: (a) prevent shutoff for nonpayment, (b) arrange billing in the estate’s name or (c) transfer service to a new occupant if appropriate.
• If utilities are shut off and the property is unoccupied, the estate (or whoever controls the property) may face added costs to restore service or for maintenance (heat in winter, electricity to prevent freezing pipe damage, etc.).
• Some utilities have policies for accounts after a customer dies; the Colorado Public Utilities Commission and local providers offer consumer guidance about service transfers and protections: https://puc.colorado.gov/.

5. Priority of claims and paying bills from the estate

During probate, the personal representative must follow Colorado law on notice to creditors and the order in which claims are paid. The estate’s available cash determines whether ongoing charges (mortgage, utilities, property taxes, insurance) can be paid. The representative should prioritize preserving assets (pay mortgage and insurance to avoid foreclosure or loss) while following the statutory order for creditor claims and court approval where required. For general probate administration rules and creditor notice requirements, consult Colorado’s probate statutes in Title 15: https://leg.colorado.gov/sites/default/files/15.0.pdf.

6. What heirs or family members can do

• An heir may make mortgage or utility payments out of personal funds to protect the property, but that person should get clear documentation and, if possible, a court order or written agreement about reimbursement or contribution to avoid disputes.
• If heirs quickly agree to take ownership (for example, under a will or by probate transfer), they may take steps such as refinancing, assuming the mortgage (with lender approval), or formally agreeing to pay ongoing costs.

7. Timeline and practical realities

Probate can take several months to more than a year depending on estate complexity, claims, and whether the estate has sufficient liquid assets. During that time, the personal representative must actively manage the property and bills. Prompt communication with mortgage lenders and utility companies often prevents immediate problems.

8. When court approval is needed

Certain actions—selling real property, using substantial estate funds, or making distributions—may require court approval. The personal representative should check Colorado probate procedures or consult counsel before using estate funds for large or potentially controversial payments. The Colorado judicial branch provides probate forms and guidance: https://www.courts.state.co.us/Forms/Index.cfm?Category=Probate.

Helpful hints — steps to protect property and avoid surprises

• Notify the mortgage lender and utility companies immediately after the death; request account guidance and submit the death certificate and letters testamentary when available.
• Confirm whether the mortgage has escrow for taxes and insurance (this affects how urgent payment is and whether taxes/insurance remain paid).
• Keep property insured and maintain utilities as needed to avoid damage and loss of value; lapses in insurance can jeopardize the estate and may breach fiduciary duty.
• Collect the estate’s financial records (bank accounts, loan statements, utility bills) so the personal representative can prepare an inventory and plan cash flow.
• If you cannot pay mortgage or utilities from estate funds, request lender forbearance and explore temporary options (renting the property, family payments, court-ordered sale) to cover costs.
• Document every payment and communication in writing. If family members contribute funds, document repayment terms or get court approval to avoid future disputes.
• Consider talking to an attorney experienced in Colorado probate and real estate if the estate lacks funds, multiple heirs disagree, or the property faces imminent foreclosure.