Legal Question in Wills and Trusts in Colorado

Re: Probate Required??

You should really be asking this question to the attorney who drafted these wills. I'll take a shot, however. If the will is probated in Texas, and there is Colorado property, then the court order may direct that an ancillary probate be conducted in Colorado. This is typically a summary matter.

Re: Probate Required??

I agree with David's answer; however, it sticks in my mind that Colorado may have some different laws about how real property is transferred at death. This comes from a client in the past who had Colorado property, but I think she assumed she knew more about Colorado real property/estate law than she really did. She mentioned the ability to transfer property to a spouse upon presentation of a death certificate. It doesn't sound right to me, but you should check it out.

Re: Probate Required??

Whether the Colorado property will require an ancilliary administration will depend on whether the nature of the title is that of joint tenancy or tenancy in common.

If the nature of the interest is that of tenancy in common, then the interest of the decedent will be subject to an ancilliary administration in order to provide clear title.

You should obtain the opinion of a title insurance company and a Colorado probate and real estate attorney.