If you have a will executed in another state but need to handle property or open probate in Colorado, this FAQ-style guide explains what typically happens and how long the process usually takes under Colorado law.
Detailed answer — How the process works in Colorado and typical timelines
When someone dies owning property in Colorado but the will was executed in another state, Colorado courts generally handle an ancillary or local probate matter to transfer the Colorado assets. Colorado’s probate rules and procedures are found in the Colorado Revised Statutes, Title 15 (Probate, Estates, and Fiduciary Relationships). For general statutory text and provisions, see the Colorado statutes (Title 15): leg.colorado.gov — Title 15 (Probate). For court forms and procedural guidance, see the Colorado Judicial Branch probate pages: courts.state.co.us — Probate Self-Help.
Key steps that affect timing:
- Filing the will and a petition for probate or ancillary administration in the Colorado county court where the property is located (or where a Colorado-resident decedent lived).
- Providing the original will (or a certified copy) and a certified death certificate.
- Notifying heirs, beneficiaries, and creditors (service and/or publication may be required).
- Issuing letters testamentary or letters of administration when a personal representative is appointed.
- Resolving any contests, title issues, or creditor claims.
Estimated timelines (typical, uncontested matters):
- Clerical intake and initial filing: 1–3 weeks after you submit the petition and documents (depends on court staffing and whether the filing is complete).
- Informal probate / admission of a will without a hearing (when requirements are met and no one objects): often 4–12 weeks from filing to issuance of letters.
- Ancillary probate limited to transferring Colorado real property or local bank accounts: commonly 2–6 months if uncontested and the original will and proof of death are available.
- Formal probate with a required hearing or any contest: commonly 6–12 months or longer depending on complexity and court schedule.
- If there are creditor claims, tax issues, or complex title problems, the process can extend beyond a year.
Why timelines vary:
- Availability of the original will or a properly authenticated copy. If only a foreign-certified copy is available, the court may require additional proof or an exemplified copy from the other state.
- Whether a personal representative has already been appointed in the decedent’s domiciliary state and whether Colorado will recognize that appointment or require a separate local appointment.
- County court workload and local practice differences across Colorado counties.
- Whether any heir or creditor contests the will or objects to the appointment of a personal representative.
Practical example (hypothetical): A person domiciled in Texas owned a condominium in Denver and died leaving a will executed in Texas. The executor files a petition for ancillary probate in the Denver county court, submits the original will and a certified death certificate, gives required notice to heirs, and the petition is uncontested. In that scenario the court may issue letters and allow transfer of the Colorado condo title in roughly 2–5 months. If a dispute arises over the will’s validity or creditors file claims, that timeline could grow to 9–18 months or more.
How Colorado treats out-of-state wills: Colorado courts generally admit wills executed outside Colorado so long as the will was valid where it was executed or it otherwise complies with Colorado requirements. The court will require proof of the will’s execution and the decedent’s death. For relevant statutory framework, consult Title 15 of the Colorado Revised Statutes: C.R.S. Title 15 (Probate). For practical filing steps, see the Colorado Judicial Branch probate resources: Colorado Courts — Probate.
Bottom line: If everything is in order (original will, certified death certificate, no disputes), an uncontested ancillary admission of an out-of-state will in Colorado commonly takes a few weeks to a few months. If the case requires a formal hearing, encounters objections, or involves creditor or tax issues, expect many months to a year or more. Local counsel can often speed the process by ensuring filings are complete and notices are correct.
Helpful hints — Prepare and speed the process
- Locate and deliver the original will if possible. Courts prefer the original document; an authenticated copy may be acceptable but often triggers extra steps.
- Obtain a certified copy of the death certificate early. Courts require it for filing.
- Check whether a personal representative was already appointed in the decedent’s home state. If so, ask that court to issue certified letters so Colorado can consider them (this may allow recognition of the other state’s appointment rather than reappointing a new representative).
- Contact the county court clerk in the county where the Colorado property sits to confirm local filing requirements and forms. Colorado court information and probate forms: Probate forms (Colorado Courts).
- Prepare a complete asset list showing what is located in Colorado. If the decedent owned only minor personal items in Colorado, some simplified procedures may apply.
- Serve required notices to heirs and potential creditors promptly and follow statutory notice timelines to avoid delays later.
- Hire a Colorado probate attorney for ancillary matters, especially when real property is involved or when the other-state probate is already underway. An attorney in the county where the Colorado property is located can file correctly and communicate with the local court on your behalf.