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.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • 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.

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