Northglenn, CO estate planning & probate attorney Jeff Althaus discusses when and why you should you get a PR deed drafted. He advises that a Personal Representative’s Deed (PRD) should be drafted as early as possible once the probate process has begun. By law, a PRD cannot be prepared before probate is opened, as it is a deed specific to the probate process. However, contrary to common belief, it does not need to be delayed until the end of probate or until the six-month claims period has expired.
He explains that many assume property cannot be transferred until the probate process is nearly complete, but that is not the case. If there is an interested buyer or an imminent sale, the Personal Representative’s Deed can often be prepared soon after the personal representative is formally appointed. In such situations, the proceeds from the sale are simply held until the probate process concludes, ensuring that any creditor claims or other estate obligations are properly addressed before final distribution.