Selling inherited land in Colorado

Colorado's small estate rules

In Colorado, the small estate process generally does not transfer land, so heirs of vacant land usually need probate or another court step first.

The threshold: The affidavit limit is twice the exempt-property amount (C.R.S. 15-11-403), adjusted yearly. For 2026 deaths it is $88,000. The affidavit can be used 10 days after death.

The affidavit collects personal property only and cannot transfer real estate. Land passes through probate or another court process.

Law: C.R.S. 15-12-1201. Confirm current figures with the probate court.

Steps to sell inherited land in Colorado

• Find the will, if there is one, and the deed or tax bill showing the parcel.
• Ask the probate court or an attorney which path applies: full probate, a small estate process, or another filing.
• Get written proof of who can sign, such as letters from the court. The title company will ask for it.
• If several heirs inherited the land, agree on the sale and the split in writing. See selling land owned by several heirs.
• Ask for a cash offer and compare it with a listing. Taxes and loans are paid from the sale at closing.

Taxes when you sell

Inherited land usually gets a stepped-up basis: its value on the date of death. If you sell close to that value, the taxable gain may be small. Our capital gains guide explains it. Ask a CPA about your numbers.

Colorado land at a glance

• Average farm real estate value: $2,360 per acre (2026, USDA).
• Average property tax on farmland: about $5.11 per acre per year (2022 Census of Agriculture).
• Transfer tax: State documentary fee of one cent per $100 (or major fraction) of consideration, about 0.01%, paid to the county clerk and recorder at recording. No fee when consideration is $500 or less. Some towns also charge their own real estate transfer tax, such as Vail at 1% and Crested Butte at 3%.
• Seller disclosure: Colorado's statutory seller disclosures are written for residential real property, which the water source law limits to land with residential improvements on it. The special taxing district and common interest community (HOA) laws do not define the term, so a lot in a subdivision may still need them. Meth lab, oil and gas, and radon disclosures are also framed for residential real property (C.R.S. 38-35.7).

These are statewide averages, not an appraisal. See selling land in Colorado for county values, or try the land value estimator.

How a cash sale handles this

Liberty Acres is a family-owned cash land buyer. We buy land anywhere in the US, in any condition, including land with back taxes, inherited land and land with no road access. We pay back taxes and all closing costs, use no agents and charge no commissions, and close through a title company, escrow company or real estate attorney who pays you by wire or check.

Common questions