Legal Question in Real Estate Law in Colorado

No Will - Joint Owners

My wife and I owned property in WA and CO. She died without a will and property is in both names. Do I need to go through Probate to sell this property now.


Asked on 12/01/03, 5:58 pm

1 Answer from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: No Will - Joint Owners

The answer is "probably." I don't know CO law. But in Washington individuals owning real property without a will and without a community property agreement typically are required to go through probate because only a court appointed individual can transfer or sell the decedent's interest in property. There are ways in Washington to get around this process using an Affidavit in Lieu of Probate that is basically drafted for the title insurance companies that are looking for the probate documents in order to insure the property. In this case, however, with no will and also dealing with property in another state I think you are looking at filing a probate.

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Answered on 12/01/03, 7:21 pm


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