Q: We are opening intestate probate in Ca. Decedent owns property in Co. Do we open probate in Ca and Co at the same time?
A: If there are no assets in California I might skip the California probate and just do the Colorado. The main issue, assuming no assets in California, is if you want to put creditors on notice in California to protect yourself from later claims. Also, I should add, I do not know Colorado law but if the facts were the other way around this is how I would approach it. Feel free to reach out to me with specific questions as I do probate work throughout California and might be able to help. -John
Nina Whitehurst agrees with this answer
A: If the decedent died in CA and owned property in both CA and CO, you'll need to open a probate in both CA and CO. CA would have primary jurisdiction. CO would have ancillary jurisdiction. You would need an attorney in both states. Your CA attorney could probably find the CO attorney for you. If the decedent died in CA and only owned property in CO, you can probably skip the CA probate and proceed directly to the CO probate. Again, you'll need a CO attorney to help you on the CO probate.
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