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Going Through the Sale of a Probate Property in Denver, Colorado

Posted on: May 16th, 2023 by , No Comments

Introduction: Unraveling the Probate Process

In Denver, Colorado, selling a probate property is like trying to find a needle in a haystack; it can be a daunting task. Probate is a legal process that takes place after someone passes away. It involves settling the deceased’s debts and distributing their assets under a will. If you’ve inherited a house and are thinking about selling it, here’s a guide to help you navigate the murky waters of the probate process.

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1. Understanding Probate

Probate 101: Probate is a court-supervised procedure where the deceased’s assets are gathered, debts paid, and remaining assets distributed to the beneficiaries. If a property is part of the probate process, it means it was owned solely by the deceased and wasn’t automatically transferred upon their death.

2. Selling a Probate Property

Selling a probate property in Denver isn’t as simple as a regular real estate transaction. It involves additional steps and legal requirements that can make it more complicated.

Seek Legal Advice: The probate process is a legal labyrinth, and it’s best navigated with the assistance of an experienced probate attorney. They can help guide you through the process, ensuring all legal requirements are met.

Obtain Probate Court Approval: Before the property can be sold, you’ll need approval from the probate court. This involves filing a petition with the court and notifying all interested parties.

Appraise the Property: The court will appoint an independent appraiser to determine the fair market value of the property. This value is used when selling the property to ensure it’s not sold for less than its worth.

List and Sell the Property: Once you have court approval and a property appraisal, you can list and sell the property. The sale proceeds will be used to pay off any outstanding debts, with the remainder distributed to the beneficiaries.

3. The Probate Real Estate Sale Process

In Denver, Colorado, the probate real estate sale process is a bit different. It involves what’s known as an “overbid” or “bidding” process. After the property is listed and an offer is accepted, a Notice of Proposed Action is mailed to all heirs, stating the terms of the sale. If no objections are received, the sale can proceed without a court hearing.

If there are objections or the sale is court confirmed, a higher bid must be at least 5% plus $500 over the original buyer’s offer. The court then accepts the highest bid.

4. Patience is Key

When it comes to selling a probate property in Denver, patience is indeed a virtue. The process can be lengthy, often taking several months to a year to complete. But with the right legal guidance and understanding of the process, you can successfully navigate the probate real estate sale process.

Conclusion: It’s a Marathon, not a Sprint

Selling a probate property in Denver, Colorado, is a marathon, not a sprint. It’s a complex process that requires patience, understanding, and often, the guidance of a legal professional. But with time and the right approach, you can successfully navigate the probate process and sell your inherited property.

If you’re looking to sell a house fast in Colorado, you found a willing and ready buyer right here on this site! Simply contact us by filling out the form here or give us a call at 303-997-2045.