Avoid the Three Probate Hidden Costs

Avoid the 3 Probate Hidden Costs That Catch Families Off Guard

When someone passes away, grieving families often focus on the obvious probate costs—court fees, appraisals, and legal expenses. And there’s a category of expenses that blindsides even the most prepared families: the ongoing costs of maintaining estate property during the probate process. 

The Bills Don’t Stop When Life Does 

Here’s a reality that shocks many families: the mortgage, utilities, and property taxes don’t pause just because the owner has passed away. That monthly mortgage payment? Still due. The gas and electric bills? They keep coming. Property taxes? The county doesn’t care that the estate is in probate—they expect payment on schedule. 

If the estate includes real property, the executor or personal representative becomes responsible for ensuring these bills get paid throughout the entire probate process. In Colorado, where probate typically takes 9-24 months to complete, these monthly expenses add up quickly. A $1,500 mortgage payment becomes $18,000 over a year. Property taxes of $4,000 annually still come due. Utility bills can easily run $200-300 per month—that’s another $2,400-3,600 annually. 

Maintenance Costs Most Families Never See Coming 

Beyond the regular bills, the property itself demands attention. A house doesn’t take care of itself, and neglect during probate can turn a valuable asset into a costly liability. 

Consider what happens during different seasons: 

Winter poses particular dangers. If the property will remain vacant and unheated during Colorado’s cold months, it must be properly winterized—pipes drained, water shut off, and systems protected. Skip this crucial step, and you’re courting disaster. If the gas gets turned off without proper winterization, frozen pipes are virtually guaranteed. When those pipes burst, you’re looking at thousands—sometimes tens of thousands—in water damage, mold remediation, and repairs. 

Summer and fall bring their own challenges. Lawns don’t stop growing during probate. Landscaping still needs maintenance. Most municipalities have ordinances requiring property maintenance, and violations can result in hefty fines. The estate remains subject to all local codes and regulations, regardless of the probate timeline. 

A Cautionary Tale: When Family Help Becomes a Nightmare 

Let me share a real situation that illustrates just how expensive these “hidden” costs can become. 

A family in Colorado was settling their father’s estate, which included his home. Wanting to keep the property secure and maintained, they allowed their nephew to stay in the house during probate. It seemed like a perfect arrangement—the nephew needed a place to live, and the house wouldn’t sit vacant. 

The arrangement quickly became a costly disaster. 

First, the nephew didn’t maintain the property as promised. The lawn grew wild and unkempt. Within a few months, the city issued code violation notices. The fines started small but accumulated quickly—$100 here, $250 there. By the time the family realized the extent of the problem, they owed the city over $1,200 in maintenance violation fines. 

Then came the eviction battle. When the family asked the nephew to move out so they could prepare the house for sale, he refused. What started as a favor had created an unauthorized tenant situation. The family had to hire a real estate attorney specializing in evictions—adding another $3,500 in legal fees they never anticipated. The eviction process dragged on for three months, further delaying the estate settlement and the property sale. 

But the biggest shock came with the utilities. After the nephew finally moved out, the family discovered he’d stopped paying the electric bill months earlier. The power company had shut off service, and before electricity could be restored, the entire outstanding balance had to be paid. The bill totaled nearly $2,800 for 11 months of unpaid service. 

Without electricity, the house couldn’t be shown to potential buyers. The family couldn’t get inspections done. Contractors couldn’t complete necessary repairs. The property sat in limbo, accumulating more carrying costs, while the family scrambled to resolve the utility issue. 

In total, this “helpful” arrangement cost the estate: 

• $1,200+ in city fines 

• $3,500 in eviction attorney fees 

• $2,800 in back electric bills 

• Three additional months of mortgage payments, property taxes, and insurance 

• Delayed sale by at least six months, costing additional carrying costs and potentially missing a favorable selling season 

What seemed like a simple, cost-saving solution ended up adding over $10,000 in unexpected expenses to the estate—not counting the additional months of standard carrying costs or the family stress. 

How a Qualified Probate Attorney Protects Your Estate from Costly Mistakes 

The story above isn’t unique—it’s a pattern we see repeatedly when families try to navigate probate without experienced legal guidance. The money families spend trying to save on attorney fees often pales in comparison to the costs of avoidable mistakes. A qualified probate attorney has guided dozens, if not hundreds, of families through this process. We know exactly what needs to be done from day one: immediate property security measures, proper winterization protocols, maintenance schedules that comply with local ordinances, and occupancy decisions that protect the estate from liability. 

Here’s something most families don’t consider: an experienced probate attorney comes with a network of trusted professionals who already understand estate property requirements. Our firm, for example, has established relationships with real estate agents who specialize in estate sales, property managers who can oversee maintenance during probate, contractors who can quickly address issues before they become expensive problems, and winterization specialists who can protect vacant properties. These aren’t just names from a Google search—these are professionals we’ve worked with repeatedly, whose quality we trust, and who understand the unique constraints of probate. 

Remember the nephew situation? An experienced probate attorney would have never let that arrangement proceed without proper legal documentation—or more likely, would have advised against the informal arrangement altogether and recommended better alternatives. Professional legal guidance isn’t an expense—it’s insurance against far more costly mistakes. Hiring a qualified probate attorney will cost, depending on the estate’s complexity, but that family with the nephew spent over $10,000 on just one preventable mistake. Beyond financial protection, working with our firm means peace of mind during a difficult time—you’re not lying awake wondering if you’ve forgotten something crucial that will cost the estate thousands tomorrow.