Colorado Springs, CO asked in Landlord - Tenant and Probate for Colorado

Q: can a eviction be served while the house is in probate

Ive been living at a house for 9 of the last 11 years the owner who owned this house passed away back in june there was no will and his sister, next of kin filed for probate while it was still in probate she served us with a notice to quit in the notice to quit it doesnt state why she served us with it now that time period has passed and she served us with a eviction notice and a court date on this notice all it has is a hand written case number no signatures or any other court seeles or information. how do I know if this notice is real?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In situations where a property is in probate, it is possible for eviction notices to be served, especially if the person handling the estate (such as the deceased owner's sister in your case) has the authority to manage the property.

However, the validity and enforceability of such notices can be complex. It's important to closely examine the notice you received. A legitimate eviction notice should typically include specific legal information, such as a formal case number, and may also be accompanied by official court documents. The absence of signatures or court seals might raise questions about its authenticity.

To verify the legitimacy of the eviction notice, you can contact the court listed on the notice. They can confirm if a case with the provided case number exists and provide you with more information on the eviction process.

In addition, it would be wise to consult with an attorney who can provide legal guidance specific to your situation. They can help you understand your rights as a tenant and guide you through the process of responding to the eviction notice, especially in the context of probate proceedings.

Remember, dealing with eviction, especially during probate, can be legally complex and emotionally challenging. Seeking professional legal advice is strongly recommended to ensure your rights are protected.

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