Ancillary probate is the process used to register a probate proceeding originating in another state to administer real estate located in the state of Colorado.

If you are an executor or a personal representative appointed in a probate proceeding in another state, but there is real estate owned by the deceased person in Colorado, then there is a good chance that ancillary probate is necessary to sell the property or transfer it to the appropriate heirs.

I can assist by determining whether ancillary probate is necessary, preparing and filing the necessary Colorado court forms, helping to obtain the legal description for the Colorado real estate, and preparing and recording the personal representative’s deed to transfer the property.

For the services described above, I typically charge a flat rate of $950.00.
Additional Court filing fees and recording costs can vary, but typically run from $250.00 to $300.00.

If the deceased person owned the property as a joint tenant with another person, then ancillary probate should not be necessary.  You should still have an attorney confirm that the property was co-owned in joint tenancy, and not as tenants in common.  Additionally,  a death certificate and a supplementary affidavit stating information about the property must be recorded in the county where the property is located.  This process is quicker and easier than ancillary probate.

Ancillary probate may also be avoided if the property was subject to a Colorado Beneficiary Deed or transfer-on-death deed. In that case, a death certificate and affidavit must be recorded as described above with the joint tenant scenario. 

Lastly, if there is not a probate proceeding pending in another state, but there is real estate located in Colorado, an original probate proceeding may be required to administer the property. 

As a law firm handling any type of Colorado probate issue, we can help you determine which process is necessary and and ensure it is properly executed.  Please Contact Us to get started.
 

Yes, though it is likely you will encounter roadblocks and delays either during the process or filing for the ancillary probate if you don’t follow the instructions perfectly.  Additionally, if there are errors in the recorded documents transferring the property, you may not know it, and the heirs will be stuck with correcting the problem down the road, at greater complexity and expense.

Once we have received the certified copies from the “domiciliary” or “original” probate proceeding, as well as your electronic signature on the appropriate Colorado Court form, I can file the documents electronically in the county where the property is located.  In the more remote counties, the court sometimes issues the necessary documents the same day. In the busier counties, it usually take no more than two weeks.  Once those documents are obtained, I have enough information to prepare the personal representatives deed for your original signature.  You will need to mail that originally signed deed to me, but I my firm utilizes E-recording for almost instant recording with any county in the state.  
All in all the process usually takes no more than one month, mostly consisting of waiting for original documents to travel through snail mail. 

The Colorado Court will require either “Exemplified, Authenticated, or Certified” copies of the Court “Order” where the personal representative was appointed in the original/domiciliary state, and the “Letters of Administration” or “Letters Testamentary” which are further evidence of executor’s or personal representative’s authority to transfer property of the estate.  
In most cases, obtaining a certified copy of those documents is quickest and cheapest, but terminology varies from state to state.  Typically, a Colorado court will not accept the documents from the other state if the certification is more than 90 days old, so be ready to start the process when you obtain the certification. 
Additionally, a good description of the Colorado Real estate will streamline the process.  Ideally, this will be on the “vesting deed,” which is the deed by which the deceased person acquired title to the property.  We try to avoid any reliance on the tax assessor’s notice, which is a good start, but is prone to inaccurate or incomplete legal descriptions. 

Domiciliary Probate: The location of the original or primary probate proceeding, usually the state where the decedent lived, or “Domiciled.”
Domiciliary Foreign Personal Representative: The person appointed in the original probate proceeding, who will need ancillary probate papers in Colorado to transfer Colorado real estate.
Certificate of Ancillary Filing: The certification obtained from the Colorado Court that it has confirmed the probate documents from the domiciliary proceeding in the originating state.
Personal Representative’s Deed: The conveyance instrument used to transfer the Colorado property in conjunction with the Certificate of Ancillary Filing showing the Personal Representative’s authority to do so

Yes, we can file the court documents electronically and by mail, and we utilize E-Recording, in any Colorado County, including Adams, Alamosa, Arapahoe, Archuleta, Baca, Bent, Boulder, Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Denver, Dolores, Douglas, Eagle, Elbert, El Paso, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Jefferson, Kiowa, Kit Carson, Lake, La Plata, Larimer, Las Animas, Lincoln, Logan, Mesa, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Pueblo, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, Weld, Yuma