Broomfield, CO asked in Probate, Real Estate Law and Contracts for Colorado

Q: Can I request probate case status update as a future home buyer in Colorado?

I am in a verbal agreement, established through a conversation between real estate agents, to purchase a home currently proceeding through probate in Arapahoe County, Colorado. There are no written documents supporting this agreement, and no other parties are involved in the purchase. I have checked public records but found no relevant information. As a future buyer, can I request a status update of the probate case from the court?

2 Lawyer Answers
Anthony M. Avery
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A: Whatever agreement you have is unenforceable as it violates the statute of frauds. The real estate agents have no authority unless they have a listing agreement with the probate fiduciary and there is a Court Order to sell the property before the Probate is closed. Hire a CO attorney to secure your contractual right to purchase the real property. A title search might also be needed to determine who the necessary grantors would be.

James L. Arrasmith
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A: Yes, as a potential buyer, you can request a status update on a probate case in Colorado, especially since probate filings are generally public records. Even though you're not a party to the case, the court can provide you with access to the docket and documents filed—such as the appointment of the personal representative, notices to heirs, and filings related to property sales. You won’t need to prove your interest in writing, but having the case number or full name of the deceased can help court staff locate the file more quickly.

You can either visit the probate division of the Arapahoe County Court in person or contact them by phone to ask how to view case documents. If you're unsure of the case number, you may be able to search by name using the court’s public access terminal. While the court clerk won’t give legal advice or negotiate terms for you, they can confirm whether a personal representative has been appointed and whether permission to sell the home has been filed or granted.

Since your agreement is verbal and not yet supported by any contract, you have no legal claim to the property at this stage. Still, staying informed through public channels is a smart way to monitor the process and prepare to act when the estate is ready to sell. Keep your communication with the listing agent active and get everything in writing when the time comes. You're doing the right thing by being proactive.

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