Multi-State Probate and Trust Administration: What Families Need to Know

Ancillary probate is required because real property is governed by the law of the state in which it is located. A Colorado court has no jurisdiction to determine the ownership of Texas real property. A Colorado executor's authority does not automatically extend to opening a bank account in Texas or executing a deed to transfer Texas real estate. The ancillary probate in Texas is a separate court proceeding that requires a separate filing, a local Texas attorney in most cases, and compliance with Texas procedural rules including its own creditor notice and claim period requirements.

For families managing estates that include real property in multiple states, this multiplied set of proceedings is one of the primary reasons legal counsel with multi-state experience or multi-state bar credentials adds value. Coordinating two or three simultaneous probate proceedings without experienced counsel routinely extends timelines, increases costs, and creates creditor claim exposure that could have been avoided with earlier notice filings.

Baker Law Group, PLLC has attorneys licensed in Colorado, Texas, and New Mexico, which covers the three states where the firm has office locations and where most clients' multi-state administration needs arise. Brian Petz and Jennifer Schwab handle Colorado and New Mexico probate matters. Jennifer Landry handles Colorado and Texas probate matters. For estates with assets in all three states, the attorneys coordinate directly without requiring the family to manage separate law firms for each jurisdiction.

For states outside Colorado, Texas, and New Mexico — including Nevada and Kansas, where Baker Law Group also has offices — probate and trust administration matters are handled through co-counsel arrangements with attorneys licensed in those states. Baker Law Group, PLLC can serve as coordinating counsel on the matter, managing the client relationship and overall administration strategy while working with licensed local counsel for state-specific court appearances and filings.

Colorado resident with Texas real estate: Domiciliary probate in Colorado; ancillary probate in Texas for the real property. Jennifer Landry is licensed in both states and can handle both proceedings. The Texas independent administration process is streamlined once the Texas proceeding is opened.

Texas resident with Colorado real estate: Domiciliary probate in Texas; ancillary probate in Colorado for the Colorado real property. Jennifer Landry handles the Texas side; Brian Petz or Jennifer Schwab handles the Colorado ancillary proceeding.

Colorado resident with New Mexico real estate: Domiciliary probate in Colorado; ancillary probate in New Mexico. Jennifer Schwab is licensed in both states and can handle both proceedings.

Trust with beneficiaries in multiple states: Trust administration is not geographically limited in the same way probate is. A Colorado trustee administering a trust with beneficiaries in Texas and New Mexico administers under the trust's terms and the law of the state designated in the trust document, regardless of where beneficiaries live. However, if the trust holds real property in multiple states, the trustee may need to coordinate transfers in each state.

Probate administration follows a predictable sequence of steps, though the timeline and specific requirements vary by state and by whether the proceeding is informal or formal.

Step 1 — Filing the petition and opening the estate: The personal representative or executor files a petition with the probate court in the county where the decedent lived. In Colorado, this is the district court in the decedent's home county. In Texas, this is the county court at law or district court depending on the county. The petition identifies the decedent, the proposed personal representative, and the known heirs and beneficiaries.

Step 2 — Validating the will and appointing the personal representative: The court reviews the will's execution to confirm it meets the state's formal requirements. If no valid will exists, the estate is administered under the state's intestate succession statute. Once the personal representative is appointed, they receive letters testamentary or letters of administration authorizing them to act on behalf of the estate.

Step 3 — Inventorying the estate: The personal representative identifies and values all probate assets. This includes real property, bank accounts, investment accounts, personal property, business interests, and any other assets owned in the decedent's name. A formal inventory is filed with the court in many proceedings.

Step 4 — Notifying creditors: The personal representative is required to notify known creditors of the death and the opening of the estate. A public notice is typically published in a local newspaper to notify unknown creditors. Creditors have a defined period to file claims against the estate. Missing the creditor notice step or failing to comply with notice requirements can expose the personal representative to personal liability for valid creditor claims.

Step 5 — Paying valid debts and expenses: The personal representative pays the decedent's valid debts from estate assets in the order of priority established by state law. Funeral expenses, costs of administration, and taxes are typically paid first. The personal representative does not pay all bills presented — creditor claims must be valid and timely filed, and the personal representative has the authority and obligation to object to invalid claims.

Step 6 — Filing tax returns and paying taxes: The personal representative is responsible for filing the decedent's final income tax return and any estate income tax returns required during administration. If the estate exceeds the federal estate tax exemption threshold, a federal estate tax return is required. Some states impose separate state estate taxes, though Colorado, Texas, and New Mexico do not.

Step 7 — Distributing the estate and closing: After creditors have been paid and tax obligations are satisfied, the personal representative distributes the remaining assets to the heirs or beneficiaries according to the will or the intestate succession statute. The personal representative files a final accounting with the court and petitions for discharge, terminating their authority and closing the estate.

Trust administration begins when the settlor dies or becomes incapacitated and the successor trustee assumes authority. The trustee's duties from that point forward are governed by the trust document, state fiduciary law, and the Uniform Trust Code or its state equivalent.

Trustee's initial steps: The successor trustee locates the original trust document and all amendments. They notify beneficiaries of the decedent's death and of their interest in the trust. In Colorado, Texas, and New Mexico, the Uniform Trust Code requires specific notice to qualified beneficiaries within a defined period after assuming trusteeship. Failing to give required notices starts the clock on beneficiary challenges and should not be skipped.

Asset inventory and management: The trustee inventories all trust assets and assumes management responsibility. This includes retitling financial accounts in the trustee's name, managing real property, addressing any business interests held by the trust, and maintaining accurate records of all trust transactions.

Accounting obligations: Trustees have a duty to keep accurate records and to account to beneficiaries. The specific accounting requirements vary by trust document and by state law. Beneficiaries are generally entitled to receive trust accountings showing trust assets, income, expenses, and distributions. Trustees who fail to maintain adequate records face challenges when beneficiaries request an accounting or when disputes arise.

Distribution: The trustee distributes trust assets according to the trust document's terms. Some trusts require immediate distribution at the settlor's death. Others continue for the benefit of surviving spouses, minor children, or other beneficiaries for an extended period. Discretionary distributions require the trustee to exercise judgment, document the decision-making process, and maintain consistency in applying distribution standards across beneficiaries.

Trust termination: When the trust's purposes have been fulfilled and all assets distributed, the trustee prepares a final accounting, obtains releases from beneficiaries where possible, and terminates the trust. State law governs the requirements for formal trust termination.

Duty of loyalty: The fiduciary must act in the sole interest of the beneficiaries, not in their own interest. Self-dealing — transactions that benefit the fiduciary at the expense of the estate or trust — is one of the most common grounds for surcharge claims and removal proceedings.

Duty of prudence: The fiduciary must manage estate or trust assets with the care that a prudent investor would exercise. This includes diversifying investments where appropriate, avoiding speculative or unnecessarily risky strategies, and not letting assets deteriorate from inaction.

Duty of impartiality: When a trust has beneficiaries with different interests — for example, an income beneficiary who benefits from high yield and a remainder beneficiary who benefits from capital appreciation — the trustee must balance those competing interests fairly rather than favoring one group over another.

Duty to inform and account: The fiduciary must keep beneficiaries reasonably informed about the administration and must provide accountings when required by the trust document or state law. Beneficiaries who are kept in the dark about significant administration decisions are more likely to challenge those decisions later.

Duty to administer: The fiduciary must actively manage the estate or trust. Delay, inaction, or failure to protect assets from loss or diminution can constitute a breach of fiduciary duty even when no self-dealing is involved.

Governing law: Colorado Probate Code, C.R.S. Title 15. Colorado adopted the Uniform Probate Code, which provides for both informal and formal probate proceedings.

Informal probate: Available in most Colorado estates where the will is uncontested and no disputes exist. Filed with the district court clerk without a formal hearing. The personal representative acts independently once appointed, subject to court supervision only if a dispute arises.

Formal probate: Required when there are disputes, creditor issues, questions about the will's validity, or situations requiring court approval of specific actions. Involves court hearings and judicial supervision.

Creditor claim period: Creditors generally must present claims by the deadline set in the published notice to creditors. A creditor who receives written notice by mail or other delivery has until the later of that deadline or 60 days after the notice was sent, but no later than one year from the date of death. Proper notice can shorten the practical exposure period significantly.

Personal representative fees: Colorado law does not set a statutory fee schedule for personal representatives. Reasonable compensation is allowed.

Ancillary probate in Colorado: Required for real property located in Colorado when the decedent was a resident of another state. Filed in the district court in the county where the Colorado property is located.

Trust administration: Colorado adopted the Uniform Trust Code, which establishes trustee duties, beneficiary rights, and notice requirements. Beneficiaries are entitled to receive trust accountings and to petition the court for relief from trustee misconduct.

Governing law: Texas Estates Code. Texas has its own comprehensive probate statute that differs significantly from the Uniform Probate Code adopted by Colorado and New Mexico.

Independent administration: Texas's most commonly used probate process, in which the executor administers the estate without court supervision after the initial appointment. This is significantly more streamlined than formal probate in most states and allows the executor to act quickly on most decisions.

Dependent administration: Required when the will mandates it or when no will authorizes independent administration. Involves court supervision for most significant actions. Used less frequently in Texas precisely because independent administration is so efficient.

Muniment of title: A simplified Texas proceeding in which the court admits a will to probate without a full administration. It is available when the estate owes no unpaid debts other than debts secured by liens on real estate, or when the court finds another reason that administration is not necessary. The court order itself serves as evidence of title transfer.

Small estate affidavit: Available for very small estates that do not require full probate. Requirements include that the estate value does not exceed certain thresholds and that the decedent left no valid will.

Creditor claim period: In Texas independent administration, creditors must file claims within four months of the date notice is published. Proper notice publication is critical to triggering this period.

Community property: Texas is a community property state. Administration of a Texas decedent's estate must address the community property character of marital assets, which determines what passes through the decedent's estate and what the surviving spouse already owns outright.

Trust administration: Texas Property Code governs trust administration. Texas adopted substantial portions of the Uniform Trust Code. Trustees in Texas have specific notice obligations and must comply with trustee duty standards that mirror the Uniform Trust Code in most respects.

Governing law: New Mexico Uniform Probate Code, NMSA 1978 Article 45. New Mexico adopted the Uniform Probate Code, like Colorado, providing for both informal and formal proceedings.

Informal probate: Available for uncontested estates with a valid will or under intestate succession. Filed with the district court in the county of the decedent's residence. Personal representative acts without formal court supervision.

Formal probate: Required for contested matters or situations requiring court approval. Involves hearings before the district court.

Creditor claim period: New Mexico also uses a notice-based creditor claim process under its version of the Uniform Probate Code. The exact deadlines depend on how and when notice is given.

Community property: New Mexico is a community property state. When a spouse dies, one-half of the community property belongs to the surviving spouse, and the decedent's will controls the other half. Community property held in joint tenancy is not subject to the decedent's will.

Ancillary probate in New Mexico: Required for real property located in New Mexico when the decedent was a resident of another state.

Trust administration: New Mexico adopted the Uniform Trust Code. Trustee duties, beneficiary notice requirements, and accountings follow the same general framework as Colorado.

Brian Petz leads Baker Law Group, PLLC's probate and transactional practice and was named a 2025 Super Lawyers Rising Star, an honor awarded to only 3% of attorneys in Colorado. He is licensed in Colorado and his practice spans Business Law, Probate and Estate Planning, and Real Estate Law.

Brian brings direct experience in the most challenging dimensions of probate and trust administration. He has administered multimillion-dollar trusts and estates for families across a range of estate sizes, from smaller family estates through complex multimillion-dollar administrations involving business interests and real property. His probate litigation experience covers fiduciary appointment and removal proceedings, surcharge actions against personal representatives and trustees, heirship determinations, and common-law marriage disputes — the contested matters that arise when administration becomes adversarial. He has also represented clients in real estate disputes arising from administration, giving him working knowledge of how property title issues intersect with estate proceedings.

"You need to have a comfortable relationship with the attorney that you're working with, especially in estate planning."

— Brian Petz, Baker Law Group, PLLC

Jennifer Schwab is a Senior Associate Attorney at Baker Law Group, PLLC licensed in Colorado and New Mexico, with a practice that focuses on Estate Planning, Probate, and Business Law. She is a member of the Colorado Bar Association, the CBA Trusts and Estates Section, and the CBA Business Law Section. Her career began as a law clerk for the Honorable Todd Vriesman in Jefferson County District Court — direct familiarity with how probate courts evaluate fiduciary conduct and adjudicate beneficiary claims that applies to every contested administration matter she handles today.

Jennifer's record in contested probate and fiduciary matters is among the most specific in the firm. She defeated a fraudulent common-law spouse claim that would have diverted estate assets from rightful heirs by prevailing at hearing. She held a personal representative accountable for misappropriating $50,000 from an estate, securing full restitution to the rightful heirs. She eliminated a $362,697.48 Medicaid estate recovery claim, protecting the estate from one of the most significant and frequently overlooked creditor claims in probate. She obtained the removal of a trustee for breach of fiduciary duty, secured reimbursement of all attorney fees paid by the trust, and required the removed trustee to personally pay the fees of the newly appointed trustee — a result that went beyond removal to full financial accountability.

"Jennifer was the consummate professional throughout this short process but also a real pleasure to deal with. I would not hesitate to wholeheartedly recommend her to anyone needing legal help."

— Former Client

Jennifer Landry is a Senior Associate Attorney at Baker Law Group, PLLC licensed in Colorado and Texas — the two states that generate the most frequent multi-state administration needs for the firm's clients. Her practice focuses on Estate Planning, Probate, and Elder Law. She earned her J.D. from Texas A&M Law School and is a member of both the Texas Bar Association and the Colorado Bar Association. She currently serves as President-Elect of the Erie, Colorado Chamber of Commerce and is a member of the Rotary Club of Erie, Colorado.

Jennifer's 15-plus years of professional experience in sales and management before law gives her a practical orientation to estate administration that benefits clients who are navigating the process for the first time. Her approach to probate administration is proactive and accessible — clients have direct access by phone and email throughout the process, estate plans and probate strategies are tailored to the family's specific goals, and complex processes are made understandable rather than overwhelming. For Colorado residents with Texas real estate, or Texas families with Colorado assets, Jennifer's dual licensure means a single attorney can handle both state proceedings.

"Jen Landry is wonderful! She helped me with some complicated estate planning needs that had changed during a difficult time, and I am forever grateful. She was thorough, approachable, professional and detail oriented — uncovering details which needed to be addressed and making them understandable and less daunting."

— Former Client