Douglas A. Turner, P.C.

One of the primary reasons we open Colorado probate estates is to transfer real estate from the deceased person to the new owners. Here are the various ways we make that transfer and how to minimize the transfer costs of Colorado probate real estate.

The most common way to transfer Colorado probate real estate is to open a full-blown probate estate. This requires filing all the documents necessary to probate the will in Colorado and receiving documents from the court authorizing the Colorado probate estate to transfer the real estate. If possible, we try to avoid opening a probate estate for the sole purpose of transferring one parcel of Colorado real estate. A full-blown probate estate is the most expensive way to make the transfer, alerts creditors of the existence of the estate and imposes numerous obligations on the person in charge of the estate.

If the deceased lived outside of Colorado, we will consider several options for transferring Colorado probate real estate. If there is a primary probate proceeding in another state or country, we can open something called an ancillary proceeding to transfer the Colorado probate real estate. An ancillary proceeding is like a mini probate proceeding – not as expensive as a full-blown Colorado probate proceeding but not the least expensive option, either. Our preferred option is to use an expedited Colorado probate process to file the home state documents here in Colorado and have the local Colorado probate court put its stamp of approval on the other state or country’s probate documents. Those documents are then recorded in the real estate records along with the deed transferring the Colorado probate real estate.

Another way to transfer Colorado probate real estate is to get a special administrator appointed to transfer the Colorado real estate. This option can be helpful when there is a problem obtaining the will or when there is some concern about a full-blown Colorado probate proceeding creating obligations for the person in charge of the Colorado probate estate. An appointment of a special administrator can be tailored to limit the authority of the special administrator, which also limits the responsibilities of the special administrator.

The best way to transfer Colorado probate real estate is to avoid Colorado probate. Colorado probate can be avoided by using a Colorado beneficiary deed or transferring the Colorado real estate to a trust prior to death.

When somebody dies, this is a good time to acquire title insurance on the real estate. We give this piece of advice often, but seldom is it followed. Acquiring title insurance upon the death of the current owner (1) provides assurances as to the marketability of the real estate and (2) exposes title problems that can be corrected at less cost because there is an open probate proceeding. However, title insurance does cost some money, and many people prefer to take the risk of a title problem rather than pay for title insurance.