Probate is a court supervised legal procedure where beneficiaries legally obtain the financial and physical assets promised to them in a will and clear the debts of an estate. The whole point of probate is to prevent fraud after someone dies, so the court will pay attention to typically an estate's largest asset: the house.
In probate, you will need a lot of assistance from an experienced probate attorney, in addition to a real estate agent. Whether you were named as the executor in the will or the court appointed you will need both professionals to get the house sold. They will need to determine how it was titled--tenants in common or joint tenancy. Before you can sign a listing agreement you need to have the "Letters Testamentary. The letters are important because that's the document that gives the personal representative the authority to sign contraccs for the estate and to liquidate the estate. Without "letters" the personal representative has no authority, even though they may have been named as personal representative in the decedent's will.
You Need a Probate Attorney and an Experienced Real Estate Agent
File a petition to open probate with the court as quickly as possible. You will need your attorney to help gather all the required documentation such as death certificate, original will, and Colorado's probate petition form.
If the paperwork has been filed correctly, the court will sign an order deeming you the personal representative of the estate.
You cannot legally take any action with the property or any part of the estate until you appear in probate court and get formally appointed by the judge.
No....Your real estate agent will prepare the special contract, documentations and disclosures for the executor to sign.
The value of the home needs to be determined to the date the deceased passed. Your real estate agent can prepare the market evaluation documents for you.
You will be paying the mortgage, utility bills and home maintenance if no one is living there. And don't forget the homeowners insurance policy on decedent's home until ownership is officially transferred.
Your real estate estate can work on the listing paperwork while you are waiting to be appointed by the court. Your real estate agent can advise you on any repairs needed or improvements to market the home. Your attorney can get these expenses approved with the court.
