Q: My mother left a will naming me executor in NY where she died. She has prop. in CO. How do I get it put in my name?
A: Assuming that you are not listed on the deed and the deed is listed as a joint tenant (contact the county clerk's office were the property is located to be sure), the estate will need to be probated. If you mother resided in NY, the estate will need to be probated in NY. As part of the process, the NY courts will grant various court orders, one of these orders can then be transferred to Colorado. Unless something goes wrong or there is a dispute you likely will not need to physically appear in Colorado or go to court in Colorado (that is, you can mail the NY probate order). However, if you do not live in NY you may have a problem managing the probated estate without a lawyer to appear in court. I do not know about NY laws, but I assume it will be similar to Colorado. In Colorado, if there are no disputes and you fell comfortable handling all the paperwork, you can handled the probate case without court appearances (i.e. you can mail all the required documents). Worst case, you will need to hire a lawyer in NY.
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