Colorado Probate Real Estate Sale Calculator

Unsupervised administration: the standard, not the exception

Straight from Colorado practice: once appointed, a personal representative is granted considerable discretion to collect assets, pay debts, sell real estate, and distribute property without first seeking judicial permission. Because unsupervised administration is the Colorado standard, the court generally doesn't scrutinize a sale unless an heir specifically brings it to the court's attention through a written objection under C.R.P.P. 25.

No percentage fees, period

Colorado law expressly forbids attorneys and personal representatives from taking percentage-based fees from an estate. Compensation must be reasonable under C.R.S. §15-10-602, weighed against the time spent, the estate's complexity, and its size — a 2%-4% figure is commonly cited as a rough guideline, but it's never an automatic entitlement the way a statutory schedule would be.

The deed moves once letters are issued

Once the court appoints the personal representative and issues Letters Testamentary or Letters of Administration, that person can list the home, accept an offer, and close using the representative's deed — typically well before the estate itself closes.

A flat tax, with a constitutional wrinkle

Colorado has no separate capital gains tax; any gain is taxed as ordinary income at the flat rate, occasionally lower in TABOR refund years. See Capital Gains Tax on the Sale for the details.

Colorado's 64 counties, one exception

Most counties use their general District Courts for probate; the City and County of Denver has its own dedicated Denver Probate Court with exclusive jurisdiction. The statutory framework otherwise applies identically statewide.

Colorado probate real estate sale — frequently asked questions

Does a Colorado personal representative need court approval to sell the house?

Not by default — unsupervised administration is the standard in Colorado, giving the personal representative considerable discretion to sell real estate without first seeking judicial permission. An heir must file a specific written objection under C.R.P.P. 25 to bring the sale under court review.

How much does a Colorado personal representative get paid for selling the house?

Colorado law expressly forbids percentage-based fees for personal representatives and attorneys. Compensation must be reasonable under C.R.S. §15-10-602, based on the time spent, complexity, and size of the estate — commonly guided by 2% to 4% of estate value, but never an automatic entitlement to that figure.

Do I owe Colorado state tax on the gain from selling an inherited house?

Colorado has no separate capital gains tax — any gain flows through as ordinary income, taxed at the flat individual rate of 4.40%, though TABOR refund years can push the effective rate as low as 4.25%.

What is TABOR, and how does it affect this tax rate?

The Taxpayer's Bill of Rights is a Colorado constitutional provision that can trigger automatic income tax rate reductions in years when state revenue collections exceed a set cap, temporarily lowering the flat rate below its standard 4.40%.

Can an heir challenge the personal representative's handling of a Colorado sale?

Yes — an heir can file written objections under C.R.P.P. 25 to compel a financial review, asking the probate judge to audit specific issues such as the fairness of compensation or the validity of claims paid by the estate.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Colorado statute (C.R.S. §15-10-602) and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the District Court Probate Division or a licensed Colorado attorney before acting.