How to Determine Proper Venue for Opening or Transferring a Decedent’s Estate in Colorado
Detailed Answer
Choosing the right county for a probate or ancillary administration case ensures smooth handling of a decedent’s final affairs. Colorado law defines venue rules to guide you.
1. Primary Probate Venue
File the opening petition in the county where the decedent was domiciled at death. “Domicile” means the decedent’s true, fixed, and permanent home. See C.R.S. §15-10-401.
2. Alternate Probate Venue
If the decedent had no Colorado domicile, file in the county where any of the decedent’s real property lies. This rule applies to both testate and intestate estates. See C.R.S. §15-10-406.
3. Ancillary Administration
When an out-of-state decedent owned real or personal property in Colorado, open an ancillary case in the county where that property sits. This allows Colorado courts to oversee distribution of in-state assets. See C.R.S. §15-12-201.
4. Multiple Venues and Consolidation
If you qualify for venue in more than one county, you may choose any one of them. The court can transfer or consolidate cases under the Colorado Rules of Civil Procedure if necessary to avoid duplication or conflicting orders. See Colo. R. Civ. P. 98 (probate venue).
Helpful Hints
- Verify domicile with federal tax returns, leases, or voter registration.
- Check county assessor records for decedent’s real estate ownership.
- Review local probate court websites for filing fees and procedural guides.
- Use certified copies of death certificates and wills to support venue choice.
- Consult with a probate clerk if you encounter conflicting venue claims.
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.