Denver, CO asked in Probate for Colorado

Q: Does a jointly owned home have to enter into probate after a spouse dies?

My mother passed away on the halloween. My half siblings are pushing to sell the house within 30 days. I can't help but think there is something strange about the rush and the fact that they would prefer it to go into forclosure. Then to allow me to make the mortgage payment till it sells. There is no will. Any info on Colorado law in this matter would be appeciated.

Related Topics:
Lawyers: To answer this question, please Log In to your account.
1 Lawyer Answer
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: If there is a living joint owner, the real estate very likely will never enter probate (or be subject to specific devises in a will--unless the joint ownership is a tendency in common).

Under normal circumstances, the joint owner(s) (joint tenant with right of survivorship--default in Colorado) goes to the County Clerk's Office where the property is location and provide notice of the death via a certified death certificate. Once the certificate is recorded, the deceased's name will be removed and the surviving co-owner(s) will only be listed. There is usually a nominal filing fee and the changes usually appear 1-2 weeks from notice.

As for the issues of the sale/foreclosure and the mortgage, you will need to contact an attorney directly. Expect to pay for the attorney's time.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.