Probate with Property in Two States – Colorado
Question: My mother has recently passed away. She was a resident of one state and owned property in another. What will happen when I go to probate her estate? Answer: Generally, if a probate action is required in more than one state (e.g., the property was owned in the deceased’s individual name), the deceased’s state of residence would be where the “primary,” or “domiciliary,” probate would take place and a “secondary” or “ancillary” probate action would be opened in the other state(s). Once a probate is opened, a Personal Representative, sometimes also referred to as the Executor or Executrix, is appointed. The court approves and the law gives the Personal Representative the authority to step into the deceased’s shoes and wind up his or her affairs; the Personal Representative in the primary state will likely also be the Personal Representative in the ancillary state.