Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a Colorado resident owns real property in another state, heirs often wonder how to clear title without formal ancillary probate in the other jurisdiction. Under Colorado law, your primary probate administration can authorize the transfer of out-of-state real property if all heirs agree and no formal ancillary probate is needed in the other state. Here are the common steps:
1. Confirm Probate Authority in Colorado
Open a probate case in Colorado or verify your existing estate administration. The Colorado probate court issues letters testamentary or letters of administration that empower your personal representative to handle estate assets, including out-of-state real property. See C.R.S. § 15-12-301 for letters (authority of personal representative).
2. Obtain a Certified Death Certificate
Order multiple certified copies of the decedent’s death certificate. Most county recorders require one to two originals to process deeds and affidavits.
3. Determine Non-Probate Transfer Tools
Before ancillary probate, check if the out-of-state title already uses a non-probate vehicle:
- Joint Tenancy with Right of Survivorship: Property held in joint tenancy avoids probate and passes automatically to the surviving tenant(s).
- Transfer-on-Death Deed (Beneficiary Deed): Some states allow beneficiary deeds similar to Colorado’s C.R.S. § 15-15-402. If recorded before death, the named beneficiary records an affidavit and death certificate to clear title.
- Trust Ownership: If real property is in a revocable trust, the successor trustee can transfer title without probate.
4. Prepare a Heirship or Affidavit of Distribution
If no non-probate tool exists, and all heirs agree, prepare one of the following based on the other state’s law:
- Family Settlement Agreement: Colorado’s C.R.S. § 15-12-507 lets heirs and the personal representative agree on asset distribution. Submit a certified copy to the other state’s court or recorder.
- Affidavit of Heirship: Many states allow heirs to sign a sworn affidavit (often called a small-estate or heirship affidavit) to transfer real property without probate. Obtain and complete the local form, attach death certificate copies, and have all heirs acknowledge signatures before a notary.
5. File Documents with the Other State’s Recorder or Court
Record the deed of distribution or heirship affidavit in the county where the property lies. Include:
- Certified death certificates
- Original letters testamentary or administration
- Signed affidavit or settlement agreement
- Recording fees (varies by state and county)
6. Update Title and Tax Records
After recording, obtain a certified copy of the new deed. Forward it to the county assessor and treasurer in the other state to update ownership and avoid future tax issues.
Helpful Hints
- Review the other state’s probate and recording statutes early to avoid delays.
- Obtain at least two certified death certificates—one for Colorado filings and one for the out-of-state county.
- Ask the county recorder for specific requirements: some counties require local forms or additional affidavits.
- Keep copies of all recorded documents and receipts for your estate file.
- Consult a qualified attorney in the state where the property is located if any local rules are unclear.