ANCILLARY PROBATE (OUT OF STATE PROPERTY)

It's increasingly common for Colorado residents to own property in more than one state: a vacation home in the mountains of another state, a rental property purchased years ago, or land inherited from a relative elsewhere. When the owner of that property passes away, Colorado probate alone usually isn't enough to transfer it. A separate proceeding, known as ancillary probate, is typically required in the state where the property is located.

Why Ancillary Probate Is Necessary
Probate courts generally only have authority over property located within their own state. If a Colorado resident dies owning real estate in, say, Arizona or Florida, the personal representative appointed in the Colorado probate case usually cannot transfer that out-of-state property without going through a court process in that other state as well. This second proceeding, the ancillary probate, is typically more limited in scope than the primary probate case, focusing mainly on the property located there.

How the Process Generally Works
In most cases, the primary probate proceeding takes place in Colorado, where the decedent was domiciled. Once a personal representative is appointed here, that appointment (along with related court documents) is often used to support the opening of the ancillary proceeding in the other state. The exact requirements vary significantly from state to state, which is why local counsel in that jurisdiction is typically needed.

Our Role
Beck, Payne, Frank, & Piper, P.C. handles the primary Colorado probate proceeding and works to identify early on whether ancillary probate will be needed for any out-of-state property. From there, we help coordinate with local counsel in the other state, ensure the necessary documentation from the Colorado case is provided, and keep track of how the two proceedings relate to one another, so that nothing falls through the cracks and the overall administration of the estate isn't unnecessarily delayed.

If you're serving as personal representative for an estate that includes property outside Colorado, it's worth raising this early in the process so we can begin planning for it.

Ask About Out-of-State Property in an Estate

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