The Colorado Real Estate Commission-approved forms used to sell a home usually call for the seller to make extensive disclosures about the state of the property to the buyer through the use of a Seller’s Property Disclosure Form (“SPD”). Most people assume, incorrectly, that filling out a SPD form is mandatory for the seller. It is not.

As the personal representative, you have a fiduciary duty to get the best possible price and terms for the house to benefit the estate’s beneficiaries and creditors. To do this, you must not only know what the value of the house is, you must know the current state of the market.

Many people who die are old. Let’s face it—old people often take good care of their property but don’t always update it.

Selling property through probate can be complicated. The last thing you want is to add another level of complexity by allowing the home to fall into foreclosure before it is sold.

One of the most common mistakes sellers of probate real estate make is not allowing enough time to work through the probate process before selling the home.

When a house is sold through probate, one of the biggest logistical hurdles a personal representative faces is removal of the decedent’s personal assets from the home before listing it for sale (or at least prior to closing).

You will likely need the assistance of many different professionals to help you with a probate or trust administration so that a house may be properly sold.