Disclaimer: This content is for educational purposes and does not constitute legal advice. Consult a qualified Colorado attorney for guidance tailored to your situation.
Detailed Answer
1. Intestate Succession in Colorado
When someone dies without a will (intestate), Colorado law determines heirs by blood relationship. The court follows C.R.S. § 15-11-102 to distribute property. Typically, a surviving spouse and children inherit. If no spouse or children exist, parents or siblings may inherit.
2. Opening Probate and Appointing an Administrator
You must file a probate petition in the county court where the decedent lived. The court appoints an administrator to manage the estate. The administrator inventories assets, notifies creditors, and pays valid claims before distributing property to heirs per C.R.S. § 15-11-101.
3. Transferring Title by Deed or Muniment of Title
After the court approves the distribution, the administrator transfers the real estate. They execute a deed conveying each heir’s share. Alternatively, if the estate’s sole asset is real property and there are no creditor claims, heirs can use a muniment of title under C.R.S. § 15-12-1201. Heirs record the muniment in the county land records to clear title.
4. Joint Ownership and Partition Rights
Once title transfers, heirs hold the property as tenants in common. Each heir owns an undivided interest and can sell or mortgage their share. If heirs disagree on keeping or selling the home, any heir can file a partition action under C.R.S. § 38-30-103. The court may order a physical division or a forced sale with proceeds divided among heirs.
Helpful Hints
- Agree early: Encourage heirs to agree on selling or co-owning to avoid court-ordered partition.
- Get a valuation: Hire a professional appraiser to set the property’s fair market value.
- Consult professionals: Work with a probate attorney and real estate lawyer for proper filings.
- Clear liens: Check for mortgages or judgment liens and resolve them before transfer.
- Record promptly: Record deeds or muniments of title soon after probate to protect ownership.