If you’re handling the estate of a loved one who has passed away in Colorado, you might be wondering if you’re allowed to start clearing out their house before the probate process ends.
Before you start packing boxes, it’s important to understand the legal steps involved in probate and how to appropriately handle the property during this time.
The role of a personal representative in probate
Probate is the legal process that controls how the court distributes a deceased person’s assets, such as their home and belongings. When someone passes away, the court usually freezes their assets until it appoints a personal representative. The personal representative will pay the estate’s debts and taxes before distributing any remaining property according to the decedent’s will.
If there is no will or named beneficiaries, the court might have to sell the assets to pay off debts and then divide any remaining money according to Colorado law.
Even if you are the personal representative, you don’t have the authority to clear the house whenever you want. Acting too soon could disrupt the probate process.
Exceptions to the rule
A personal representative should only remove items from the home during the probate process if they believe those items are at risk of damage by staying in the home. When this happens, be sure to document everything and keep records to prevent misunderstandings or allegations of wrongdoing.
In general, you should wait until the court gives the green light before clearing out the house. Removing items from the house prematurely may trigger legal disputes, especially if someone challenges the ownership or distribution of the property.