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You finally found it. The cabin outside Steamboat. The little place in Santa Fe. Or the home you inherited back in the Midwest that you just can’t bring yourself to sell.

And then life happens. A loss. A hospital stay. A moment where your family is already stretched thin… emotionally and practically.

Here’s the surprise I see over and over as a Denver estate planning attorney: one loss can quietly turn into two legal processes. Because when you own real estate in another state, your family may need court authority in that state too, at the exact moment they have the least bandwidth.

In this article, I’m going to explain “ancillary probate” in plain English, why it happens, what it can cost in time and stress, and what proactive estate planning can do to simplify everything.

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Why This Problem Exists & Why It Matters in Colorado Estate Planning

Denver is a city where real estate often is the family wealth story. And that story doesn’t always stay inside Colorado.

The U.S. Census Bureau estimates the median value of owner-occupied housing in Denver County is $586,700. For many families, that number represents decades of work, sacrifice, and “we did it.”

And it also explains why so many Colorado families end up with property in more than one state. A rental, an inherited house, a future retirement place, a second home…

Here’s why that matters:

Real estate follows the law of the state where it sits. A Colorado court can’t sign orders for land in another state. A Colorado will attorney can draft a solid plan, and the deed can still derail it. Even a “simple estate” can become multi-state administration. The burden lands on the people you love, not on paperwork.

Pro Tip: If you’re searching for a Denver estate planning attorney, ask this specific question: “If I die owning property in another state, will my family face ancillary probate… and how do we avoid it?”

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Case Study: Megan - A Cabin, A Colorado Will, And Two Courthouses

Megan is a mom in Denver. She and her husband bought a small cabin in Wyoming years ago for family weekends, sledding, quiet mornings, the whole dream.

They did what many responsible people do: they met with a wills and trusts attorney, signed wills, named guardians for their kids. They thought, “We’re handled.”

When Megan’s husband passed unexpectedly, she assumed the Colorado probate would be the only process. But the Wyoming cabin wasn’t controlled by the Colorado court, because it wasn’t Colorado property.

So while Megan was grieving and parenting and trying to keep normal life afloat, she was also told she’d likely need a second court process to transfer or sell that cabin.

Not dramatic. Just… heavy. And completely avoidable with the right planning conversation upfront.

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The Plain-English Explanation: Why Out-of-State Property Can Trigger “Second Probate”

“Ancillary probate” is the name for a probate case opened in a second state, usually because the person who died owned real estate there. In other words: one person passes, and more than one courthouse may be involved.

Here’s the simple rule I want you to remember: Your Colorado plan controls your wishes. Title controls what actually happens.

A will can express your intent. But a deed determines which court has authority over that property.

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Side-by-side: How title changes the outcome

A quick nuance: every state has its own rules and procedures, and the right solution depends on your family, your taxes, your long-term goals, and what the property is used for. But the big idea stays the same: if the deed points to “you,” the courts may need to get involved.

Colorado courts also treat ancillary filings as a real, formal process, not a quick stamp. That’s why trust attorneys will help you plan for it before a crisis.

Emotional Reflection

When families come to me, they’re not trying to be complicated, they’re trying to be responsible.

They want their spouse protected, their kids supported, their business stable. They want their family to have choices when life gets hard.

And in Colorado, where people work hard, build equity, and often have roots in more than one place, multi-state property is normal. What’s not normal is asking a grieving family to learn two different court systems while they’re just trying to breathe.

Legal Concepts That Matter (In Plain English)

• Ancillary probate: A second probate case opened in the state where the out-of-state property is located.
  Real-life consequence: Your family may need additional filings, deadlines, and help, separate from Colorado.
• Domicile: Your legal home state at death (usually where you live).
  Real-life consequence: This determines where the main probate starts, but it doesn’t “pull” other states’ real estate into Colorado court.
• Title / deed: The legal ownership record for real estate.
  Real-life consequence: If the deed is wrong, or outdated, your plan can be slowed down or forced into court.
• Personal Representative: The person appointed (by your will or by the court) to manage the estate.
  Real-life consequence: They may need authority in more than one state to act, sell, or transfer property.
• Trust funding: Making sure the trust actually owns the assets it’s supposed to control.
  Real-life consequence: An unfunded trust can look great on paper and still leave your family in probate.
• Trust administration: How a trustee carries out the trust after someone dies.
  Real-life consequence: When done correctly, this can be quieter, faster, and more private than court.

The Reality: Colorado Has a Plan, But Another State Has One Too

Here’s the legal bottom line: Owning property outside Colorado can mean your family has to follow the probate rules of more than one state, unless ownership is structured to avoid it.

Default path vs. intentional planning (stacked comparison)

This is why, as a probate and estate attorney, I treat out-of-state property as a “planning flag.” Not because it’s scary, because it’s specific. And specificity is where good planning lives.

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Common Misconceptions / Myths About Colorado Estate Planning

Myth #1: “My Colorado will covers everything.”

A will expresses your wishes, but it doesn’t change which state has authority over out-of-state real estate. Your family may still need an ancillary process where the property is located.

Myth #2: “It’s just a cabin, small property means small paperwork.”

Sometimes small assets create big bottlenecks because real estate has to be transferred correctly. Even if the value is modest, the process can still be formal.

Myth #3: “My kids can just sign something and take over.”

In many cases, they can’t. Courts (or title companies) often require formal authority before property can be sold or transferred.

Myth #4: “A trust is only for wealthy families.”

A trust is often about simplicity and control, not status. For families with multi-state property, a trust can be a practical tool, not a luxury.

Myth #5: “If I already did my plan once, I’m done.”

Plans age, deeds change, families change… That’s why reviews matter.

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Why This Really Matters

As a mom, I think about the mental load families carry even in the best seasons: school schedules, aging parents, work deadlines, running a household…

Then layer grief on top of that.

If your family has to manage two courthouses while they’re trying to hold each other together, the cost isn’t just financial. It’s emotional. It’s time. It’s energy that should have been spent on people.

As I often tell families, it’s not about money. It’s about the people you love. And when your plan is clear, your family gets to stay focused on healing, not logistics.

How to Start (Simple Steps)

1. Make a list of every property you own, including out-of-state addresses.
2. Pull a copy of each deed and note exactly how it’s titled.
3. Identify which assets are meant to avoid probate, and confirm they actually will.
4. If you have a trust, confirm whether the out-of-state property is properly funded into it.
5. If you’re a business owner, list any out-of-state real estate held inside an LLC or partnership and flag it for review.
6. Schedule a coordinated review with an estate and trust attorney so your documents and your titles match your intentions.

At Legacy Law, we approach this through our LIFT framework, Legal, Insurance, Financial, and Tax, because real protection is rarely “just documents.”

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FAQs

1) What is ancillary probate?

Ancillary probate is a second probate case opened in another state when someone owned property there, most commonly real estate. It’s separate from Colorado probate and often requires additional filings.

2) If I have a will in Colorado, does that prevent ancillary probate?

Not automatically. A will helps name decision-makers and clarify wishes, but it doesn’t change which state controls out-of-state land.

3) Does a trust always avoid probate in other states?

Often it can, when the trust is properly created and properly funded. But the details matter, especially the deed language and how the trust is administered.

4) What does “funding a trust” mean for real estate?

It usually means the trust becomes the owner on the deed (or another appropriate ownership structure is used). Any trust attorney will raise this hard truth: if the trust doesn’t own the property, the property may still go through probate.

5) What if the out-of-state property is jointly owned with my spouse?

Joint ownership may allow a smoother transfer at the first death, depending on the state and the deed type. But it may not solve the problem after the second death, and it may not fit every family’s goals.

6) How long does probate take in Colorado?

Timelines vary based on the estate’s complexity, whether there are disputes, and how quickly assets can be gathered and valued. When another state is added, coordination can extend the overall administrative timeline.

7) Will my family need two different attorneys?

Sometimes families do. It depends on the other state’s requirements and whether local counsel is needed for filings or hearings.

8) What if I’m planning to move out of Colorado later?

That’s a perfect reason to review now. Domicile, property locations, and executor/trustee logistics can shift when you relocate.

9) Does owning out-of-state property affect my small business succession plan?

It can, especially if the property is tied to a business entity, a rental portfolio, or partnership agreements. A good estate planning lawyer will coordinate business documents with your personal plan.

10) How often should I review this part of my plan?

Any time you buy, sell, inherit, refinance, or transfer real estate, especially across state lines. And at least periodically as your family and goals change (this is exactly what our Client Care Program is built for).

Closing Reflection

One loss shouldn’t create two legal processes. If you own property outside Colorado, a small planning adjustment today can save your family from extra court steps later, and keep the focus where it belongs: on each other.

Don’t leave your family’s future to chance. Schedule your consultation with Legacy Law Group Colorado today and take the first step toward peace of mind.

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