Legal Question in Wills and Trusts in Colorado

Re: Do you have to probate a will in the state the person died in?

Colorado will have jurisdiction to probate your father�s estate if (1) he was a resident of Colorado at the time of his death; or (2) if he owned property in Colorado at the time of his death that is within the jurisdiction of Colorado courts. A Colorado probate proceeding in some form is required if your father owned real property in this state. It would be best to consult with an attorney regarding the details of this matter before opening a probate in either state to avoid unnecessary expense or delay.

Re: Do you have to probate a will in the state the person died in?

Which States might be involved in the administration of an estate depend on several factors:

1. The State in which the Will was executed. This affects which State's law is considered in interpreting the Will.

2. The State in which the Decedent was a domicile at the time of death.

3. The State(s) in which the Decedent owned property.

Usually the domicile State is the home for the main estate administration, whatever that might be. Other States might be ancilliary administration States depending on the amounts and types of property owned there.

You should consult with an experienced estate attorney to consider these issues in much more detail before proceeding.

Re: Do you have to probate a will in the state the person died in?

If your father moved here with an intent to remain in Colorado indefinitely, his estate will need to be probated here. If he owned real estate in another state, such as New York or New Jersey, an ancillary probate proceeding would probably be needed there as well.

Without a will, his estate will be distributed according to the Colorado laws of intestate succession. I would be happy to be of assistance if I can. Please contact me if I can help.