Detailed Answer: Where to Open Probate — Colorado View

Short answer: Under Colorado law, the proper place to open a decedent’s probate is generally the state and county where the decedent was domiciled (their permanent home) at the time of death. If the decedent’s permanent home was in North Carolina, the main probate should be opened there. If the decedent’s permanent home was in Virginia, the main probate should be opened in Virginia. Property located in a different state (for example, real estate in Virginia) usually requires an ancillary probate in the state where that property sits.

This article explains how to decide which state should handle the main probate and when you might also need ancillary proceedings in a second state. Although the question compares Virginia and North Carolina, the legal principles below summarize how Colorado law treats domicile, primary probate, and ancillary probate so you can analogize to other states.

Key legal principle under Colorado law

Colorado follows the common law principle that probate jurisdiction and venue are tied to the decedent’s domicile (their true, permanent home). The Colorado statutes addressing estates and probate are collected in the Colorado Revised Statutes, Title 15 (Estates, Powers, and Trusts). For general statutory guidance and to locate specific provisions, see the Colorado statutes site: https://leg.colorado.gov/statutes (see Title 15).

Step-by-step analysis (apply these steps to a death that occurred in Virginia while the decedent lived in North Carolina)

1. Determine domicile (permanent home) at death. Domicile depends on a combination of intent and physical presence. Questions include: Where did the person maintain a home? Where did they register to vote? Where were their driver’s license and tax filings? Which state did they intend to return to? The state that was the decedent’s domicile is usually the place for the main probate.
2. If domicile was North Carolina: Open the main probate in North Carolina. North Carolina courts will admit a will, appoint a personal representative, and administer all probate assets. Any real property or assets located in Virginia may require an ancillary or ancillary-like proceeding in Virginia to clear title or transfer in-state property to the North Carolina personal representative.
3. If domicile was Virginia: Open the main probate in Virginia. If the decedent merely died while temporarily in Virginia but their domicile was North Carolina, Virginia likely will not be the correct place for full administration—however Virginia courts might handle limited matters that arise within the state (for example, emergency conservatorship or immediate custody of assets physically located in Virginia).
4. Ancillary probate for out-of-state real property. Most states require a local proceeding to transfer title to real estate located in that state. That means even if the main probate is in North Carolina, a probate or ancillary process in Virginia will usually be necessary to transfer Virginia real estate to the estate or the beneficiaries.
5. Personal property and interstate administration. Bank accounts, retirement accounts, payable-on-death or transfer-on-death accounts, and jointly held property often pass outside probate. Determine which assets avoid probate before filing.

Practical examples (hypotheticals)

Example A — Decedent lived (domiciled) in North Carolina, died while visiting Virginia:

• Open main probate in North Carolina (probate court in county of domicile).
• File ancillary probate in Virginia if the estate must transfer Virginia real property.

Example B — Decedent domiciled in Virginia but lived briefly in North Carolina:

• Open main probate in Virginia.
• If North Carolina contains assets titled in the decedent’s individual name, a local proceeding or recognition of the Virginia personal representative may be needed in North Carolina.

When you might skip full probate

• Small estate affidavits and simplified procedures: Many states provide simplified or summary probate for small estates. Check the domiciliary state’s small‑estate rules.
• Assets that pass outside probate: joint accounts, POD/TOD designations, life insurance, and retirement accounts often pass directly to the named payees.

What to do first — practical checklist

1. Gather documents: will, death certificate, property deeds, bank statements, account beneficiary designations, titles.
2. Confirm domicile facts (mailing address, tax returns, driver’s license, voter registration, intent statements).
3. Identify all real property and which state each item sits in.
4. Contact the probate court in the county of the suspected domicile to learn filing requirements.
5. Consider consulting an estate attorney in the domiciliary state for the main probate and an attorney in any state that holds real property for ancillary matters.

Why this matters practically

Opening probate in the wrong state can cause delays, increase costs, and create jurisdictional complications. The personal representative appointed by the domiciliary court receives broad power to marshal and distribute assets; ancillary appointments are narrower and only allow administration of in-state assets. Choosing the correct primary forum avoids duplicative proceedings.

Colorado statute reference and resources

For statutory text and more detail on probate procedures and administration in Colorado, start with the Colorado Revised Statutes page and Title 15 for estates and probate matters: https://leg.colorado.gov/statutes. If you need courthouse-specific rules or forms, check the Colorado Judicial Branch site and local county court pages for probate forms and instructions: https://www.courts.state.co.us.

Helpful Hints

• Focus first on domicile — that usually resolves which state handles main probate.
• Identify real property early — real estate in another state usually requires a local filing.
• Look for non-probate transfers (beneficiary designations, joint tenancy) that may avoid probate entirely.
• Use certified death certificates — most filings require multiple certified copies.
• Ask the court or an attorney about small-estate procedures to save time and expense.
• Expect ancillary probates to be narrower in scope and sometimes quicker than the main probate.
• If the estate involves multiple states, hire probate counsel in the domiciliary state and counsel in any state holding significant assets.

Disclaimer: This article explains general legal principles under Colorado law and is for educational purposes only. It is not legal advice. Laws differ by state and by facts. Consult a licensed attorney in the relevant state(s) for advice about your specific situation.