Colorado Ancillary Probate: What Happens When Someone Dies Owning Property in Multiple States?
Our firm frequently receives calls from clients, as well as attorneys representing clients outside of Colorado, who need assistance when a decedent dies in another state but owns probate assets in Colorado. These situations generally fall into one of three categories, each with its own process and considerations.
1. COLORADO ONLY
When probate is needed in Colorado but not the other state
If the decedent did not meet the other state’s requirements for opening probate but owned probate property in Colorado, a typical Colorado probate proceeding may need to be opened.
In Colorado, the small-estate affidavit procedure generally is not available if the decedent owned Colorado real property that must be transferred through the estate or if the value of the decedent’s Colorado personal property, less liens and encumbrances, exceeds $88,000, subject to changes depending on the year of death.
For additional information about when probate is required and how the Colorado probate process works, please review our article, [Probate: The Basics]
Example: The decedent resided in Texas and died in Texas. The decedent did not own any probate assets in Texas but did own probate assets in Colorado.
In this situation, the person with priority to serve as personal representative will generally need to open a typical probate proceeding in Colorado.
2. COLORADO AND THE OTHER STATE
When probate is needed in the other state and Colorado at the same time
If you were appointed as the personal representative, sometimes called the executor, of a decedent’s estate in another state, but the decedent also owned probate property in Colorado, you may be able to establish your authority in Colorado through a streamlined procedure for a domiciliary foreign personal representative.
This process is commonly referred to as “ancillary probate,” although Colorado law generally allows an out-of-state personal representative to establish authority in Colorado without opening an entirely separate, full probate administration.
First, contact the court where you were appointed personal representative and request authenticated copies of the documents establishing your appointment and authority to act as personal representative. Depending on the documents used in that state, these may include the court’s order appointing you, Letters Testamentary, Letters of Administration, or similar documents.
“Authenticated” copies are not simply photocopies. You must request properly authenticated copies directly from the out-of-state court.
You will also need to complete the Domiciliary Foreign Personal Representative’s Sworn Statement and the Certificate of Ancillary Filing, JDF 929 and JDF 930, respectively, which are available on the [Colorado Judicial Branch website](INSERT EXISTING HYPERLINK) under Self-Help Forms. You should complete only the top caption section of the Certificate of Ancillary Filing.
Once these documents have been prepared and are in your possession, they can be filed with the appropriate Colorado district court. Once the probate registrar approves the filing, the registrar will provide a signed, certified Certificate of Ancillary Filing. This document serves as court-certified evidence of the foreign personal representative’s authority to handle estate matters in Colorado.
Conversely, if the personal representative opens probate in Colorado and later discovers that the decedent owned property in another state, the personal representative should consult with counsel in that state to determine what process that state requires. The procedures for recognizing an out-of-state personal representative vary considerably from state to state.
Example: The decedent resided in Oklahoma and died in Oklahoma. The decedent owned probate assets in Oklahoma and also owned probate assets in Colorado.
In this situation, the person with priority to serve as personal representative would typically open probate in Oklahoma. While the Oklahoma probate case remains pending, the personal representative can then establish authority in Colorado through Colorado’s procedure for a domiciliary foreign personal representative.
3. OLD OUT-OF-STATE PROBATE AND COLORADO
Probate was opened and closed in another state, but Colorado property is later discovered
Sometimes, heirs discover after an out-of-state probate proceeding has concluded that the decedent owned probate assets in Colorado. This situation commonly arises with vacant land, mineral rights, or other property that was unknown during the original probate process.
If the out-of-state probate case has already been closed, the laws and procedures of that state will determine what steps must be taken next. In some circumstances, it may be necessary, or simply more efficient, to reopen the probate proceeding in that state. Because the rules vary from state to state, it is important to consult with a probate attorney in that state to determine whether reopening the probate proceeding is necessary or advisable.
If the probate proceeding should be reopened in the other state, then, once it has been reopened and the personal representative’s authority has been restored, the personal representative can generally establish authority in Colorado as described in Section 2 above.
If the other state’s probate proceeding does not need to be reopened, a typical Colorado probate proceeding may instead need to be opened as described in Section 1 above.
Example: The decedent resided in Florida and died in Florida in 2015. The decedent owned probate assets in Florida, so the personal representative opened probate and closed the estate in 2016. In 2026, the heirs discover that the decedent also owned mineral rights in Colorado.
First, the personal representative from the original Florida probate case, or, if that person is unavailable, the next person with priority to serve as personal representative, should determine whether the Florida probate proceeding must or should be reopened. That person should strongly consider consulting with a Florida probate attorney before making this determination.
If the Florida probate proceeding should be reopened, the personal representative can reopen the Florida probate case and then establish authority in Colorado through Colorado’s procedure for a domiciliary foreign personal representative.
If the Florida probate proceeding does not need to be reopened, the person with priority to serve as personal representative can instead open a typical probate proceeding in Colorado.
KEY TAKEAWAYS
If you find yourself in one of these situations, or in a similar situation involving probate assets in more than one state, one of the most important steps is to seek advice from an experienced probate attorney in each state involved. The smoothest multi-state probate matters often involve attorneys in both states working together from the outset to develop a plan that is efficient and cost-effective for the client.
At Gant Law, we have handled many of these matters and have worked with excellent attorneys throughout the country to help clients navigate the probate process across state lines.
If you need assistance with an ancillary probate matter, or if you own property in multiple states and are concerned about your family potentially needing to deal with probate proceedings in more than one state after your death, please feel free to contact us for a consultation with one of our experienced probate and estate attorneys.
Proper estate planning can also reduce or eliminate the need for probate proceedings in multiple states. If you own real estate, mineral interests, or other significant property outside Colorado, we can help you evaluate whether a trust or other estate-planning strategy may simplify the process for your family.
