Inheriting Colorado land is rarely the windfall people imagine. Most inherited parcels come with unpaid taxes, deferred maintenance, a split between 3-7 heirs who don't agree on anything, and a probate process that in Colorado can take 6-12 months under the Colorado Probate Code. This page explains exactly how the Colorado probate process works, how federal step-up basis applies to land, and how we buy inherited parcels directly — often before probate is even closed. Call 970-478-1022 and we can walk through your specific situation, no pressure.
Colorado probate is governed by C.R.S. Title 15 (the Colorado Probate Code, based on the Uniform Probate Code). For estates with a valid will, informal probate under C.R.S. § 15-12-301 through 15-12-312 can take 4-6 months if nothing is contested. Formal probate and estates under dispute take 12-24 months or longer.
When land passes to multiple heirs via a will or intestacy (C.R.S. § 15-11-102), they become tenants in common. Every single heir must sign the deed at sale, and any one of them can effectively block a retail sale by refusing. This is the #1 reason inherited land sits unsold for years.
If heirs can't agree, one can file a partition action. The court forces a sale and divides proceeds pro rata. It works but it's expensive — attorney fees, court costs, commissioner fees, and a forced-sale discount that often wipes out 20-40% of the parcel's value.
Before probate closes, only the Personal Representative (PR) appointed by the court under C.R.S. § 15-12-701 can sign a deed. The PR's authority is spelled out in the letters testamentary. Buyers need to see the letters, and title companies are picky about expiration dates.
Under IRC § 1014, land inherited at death gets a stepped-up basis to fair market value on the date of death. This typically eliminates the capital gain, which is a huge tax advantage. But you need a credible date-of-death valuation — an appraisal or comparable-sales analysis. We help estate attorneys document this all the time.
Our simple 3-step process makes selling your land fast and easy
Fill out our simple form or give us a call. Tell us about your property and what you're looking for.
We'll evaluate your property and present you with a fair, no-obligation cash offer within 24 hours.
Choose your closing date. We handle all the paperwork and cover closing costs. Get paid in as little as 7 days.
Case 1: Chaffee County, 40 acres, 4 siblings, Michigan/Texas/Florida/Colorado. Dad died in 2023. Probate was informal, PR was the oldest daughter. One sibling wanted to keep the land, three wanted to sell. We bought the 75% interest, then negotiated the remaining 25% separately six months later.
Case 2: Pueblo County, 160 acres, intestate. Grandma died without a will. Under C.R.S. § 15-11-103 the land passed to her 3 children, one of whom had predeceased her leaving 4 grandchildren. Seven owners total, four states, zero agreement. Partition action filed and we won the partition sale at auction.
Case 3: Las Animas County, 320 acres, 2 heirs, agreed sale. Called us the day letters testamentary were issued. Closed 23 days later. Both heirs signed remotely from out of state.
See also selling during probate, raw land, and avoiding foreclosure on inherited parcels.
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Get answers to common questions about selling your land
Not always. If a Personal Representative has been appointed and holds current letters testamentary, the PR can sell the land during probate under C.R.S. § 15-12-715. We buy parcels during open probate routinely.
Under IRC § 1014, inherited property gets a new tax basis equal to fair market value on the date of death. If you sell for close to that value, you pay little or no capital gains tax. This is a major tax advantage unique to inherited property.
Any heir can file a partition action under C.R.S. § 38-28-101 forcing a court-supervised sale. It works but is expensive and slow. We also buy partial interests — we can cash out the heirs who want to sell without waiting for unanimous agreement.
Informal probate typically takes 4-6 months. Formal or contested probate takes 12-24 months or more. The 4-month creditor claim period under C.R.S. § 15-12-801 is the floor — you cannot distribute assets before that period runs.
If title has distributed out of probate to the heirs as tenants in common, yes, every heir must sign the deed. During probate, only the appointed PR signs. That's why selling before probate closes is often easier.
Yes. Colorado allows remote online notarization under C.R.S. § 24-21-514.5. We regularly coordinate closings with heirs in multiple states. Funds wire directly to each heir's account in whatever split the will or intestacy statute requires.
Mortgages, tax liens, and HOA assessments survive death and are paid from sale proceeds at closing. Heirs do not inherit personal liability for most decedent debts, but secured liens on the land travel with it. We handle all payoffs on our side.
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