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Colorado Certificate of Ancillary Filing - Decedent's Estate
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Colorado
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CO-CPC-61
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FAQ
Probate in a second (or third) state is called ancillary probate, and for the executor of the deceased person's estate, it means more bother and expense. The executor will probably need to find a lawyer in the other state to handle the probate. Probate is begun first in the deceased person's state of residence.
There may be simple ways to avoid an ancillary probatefor example, by putting a house in a simple living trust, using a transfer-on-death deed, or adding a co-owner to the title. After the death, be sure to explore possible ways to transfer the property without a full-blown probate proceeding.
Ancillary probate is a mechanism of having two probate proceedings going on at the same time in different states. Whether a person's estate will be subject to ancillary probate depends on the status of the property he or she owns and state law.
What is an ancillary proceeding? An ancillary proceeding takes place when a person dies leaving property in a state in which he or she did not reside at the time of death. That property must be distributed through a legal proceeding in the state where the property is located.
N. administration of an estate's assets in another state. An "ancillary administrator" is chosen by the executor or administrator of an estate to handle the property (primarily real estate) of the deceased estate in a state other than the one in which the estate is probated.
If a deceased individual owns property in another state other than his or her domiciled state, an ancillary probate proceeding is typically required. This applies to real estate property and sometimes personal property, such as cars, that are registered and titled out of state.