When Do Out-of-State Parties Need to Open a Probate in Colorado?
andrew • November 12, 2022
Generally, a probate is opened in the state in which an individual resided. However, when an out-of-state decedent owned real estate in Colorado, an ancillary probate proceeding must also be opened in Colorado to give the personal representative authority to transfer or sell the Colorado real estate.
Before an ancillary probate can be opened in Colorado, the personal representative seeking to open the probate in Colorado must obtain certified, authenticated, or exemplified copies of the filings in the original probate action from the first state. These filings must include the court order appointing the individual opening the ancillary probate as personal representative or executor; the Letters of Administration/Testamentary; and a copy of the original will, if one exists.
Before an ancillary probate can be opened in Colorado, the personal representative seeking to open the probate in Colorado must obtain certified, authenticated, or exemplified copies of the filings in the original probate action from the first state. These filings must include the court order appointing the individual opening the ancillary probate as personal representative or executor; the Letters of Administration/Testamentary; and a copy of the original will, if one exists.
Certified, exemplified, or authentic copies generally include an additional seal from the clerk of the court, however the actual form may vary from state to state. These documents are required to be submitted with the initiating documents and failure to provide them will prevent the ancillary probate action from being opened.
The personal representative opening the ancillary probate in Colorado must be the same person who was appointed as personal representative in the first state. Similarly, the probate case in the first state must still be open in order for a Colorado court to be able to approve an ancillary probate. If the matter is closed in the first state, it may need to be re-opened before the ancillary probate can be opened. If there are properties located in multiple Colorado counties, the signed Certificate of Ancillary Filing must be filed in each county where the real estate is located.
Although the extra step of opening a Colorado probate may be a nuisance, it is necessary to properly transfer title from a deceased out-of-state resident’s estate, and can prevent title and fiduciary issues from springing up down the line.
The personal representative opening the ancillary probate in Colorado must be the same person who was appointed as personal representative in the first state. Similarly, the probate case in the first state must still be open in order for a Colorado court to be able to approve an ancillary probate. If the matter is closed in the first state, it may need to be re-opened before the ancillary probate can be opened. If there are properties located in multiple Colorado counties, the signed Certificate of Ancillary Filing must be filed in each county where the real estate is located.
Although the extra step of opening a Colorado probate may be a nuisance, it is necessary to properly transfer title from a deceased out-of-state resident’s estate, and can prevent title and fiduciary issues from springing up down the line.
If you have questions about ancillary probates or need to open an ancillary probate to finish administering an estate in another state, please
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