Denver, CO asked in Probate for Colorado

Q: If an Estate originated in Missouri but their was property in Colorado which was sold. A probate was filed in Colorado.

Do I follow the Missouri the distribution of the funds since the person died in Missouri?

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1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Probate Lawyer
  • Westminster, CO
  • Licensed in Colorado

A: Generally, if a person dies in another state, their primary probate action will be in that state, as you have described in this situation. The proceeding opened in Colorado is called an ancillary probate. It is for the sole purpose of addressing the property located in Colorado.

The distribution of that property is still going to be according to the determination of the originating state, whether it is following instructions left in a Will or the distribution to heirs determined in the original court. It is not uncommon when the property is liquidated for the funds to be paid over to the primary executor/personal representative in the original proceeding to be distributed along with the rest of the property.

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