When a Texas resident dies owning land in New Mexico or Colorado, a Travis County probate alone will not transfer those deeds. Real estate follows the law of the state where it sits. You need ancillary proceedings in the other state so title companies will insure the transfer. With the right documents and a coordinated plan, you can handle both courts without wasting months.
Begin With a Texas Domiciliary Probate
Open the main probate in Travis County first. Ask the court to admit the will, appoint the executor, and issue letters testamentary. Keep certified copies of the will, the order admitting the will, and your letters. Those documents form the foundation for what you will file in Santa Fe, Albuquerque, Denver, or whichever county holds the land records.
Collect County-Specific Deed and Tax Details
Pull full legal descriptions from the New Mexico or Colorado deeds—township, range, section, or metes and bounds. Print current tax statements and check for HOA dues or special assessments. Title and treasurer offices in those states rely on exact legal language; a missing call or incorrect section number can stall recording for weeks.
File Ancillary Papers the Smart Way
Each state has its mechanism. In New Mexico, you typically open an ancillary case and present authenticated copies from Texas. In Colorado, you can register a foreign personal representative by filing the Texas documents, then act as if you were appointed there. In both, the goal is authority that local title companies will accept. Work with local counsel to submit the correct forms the first time.
Serve Notices and Clear Creditors Where Needed
While most unsecured creditors get handled in Texas, some counties or courts ask you to publish a notice or file a sworn statement regarding local debts. If the New Mexico property includes mineral rights, coordinate division orders with the operator so royalties pay to the estate during the process. Handling these details early prevents suspended payments and interest penalties.
Transfer Title and Wrap the Sale or Distribution
Once the court (or clerk) recognizes your authority, sign a personal representative’s deed to the buyer or the beneficiary. Record in the county where the land sits and pay transfer fees if required. Order an updated title commitment to confirm every lien cleared. If you are distributing to heirs rather than selling, provide them with recorded copies for their records and future tax planning.
Tackle State-Specific Hurdles
New Mexico and Colorado both care about water rights, easements, and access. For New Mexico, verify acequia or irrigation-district obligations on rural land. For Colorado mountain homes, confirm well permits, road maintenance agreements, and wildfire mitigation requirements. Buyers ask about these issues; having answers speeds negotiations.
Coordinate Taxes So You Do Not Overpay
Ancillary probates can trigger local recording fees and property tax questions. Confirm the estate’s federal return treats the out-of-state land with the correct basis step-up and valuation date. If you sell soon after death, capital-gains exposure may be minimal. Keep closing statements and appraisals in one file so your accountant can match numbers at tax time.
Use Planning Tools to Avoid the Next Round
If you plan ahead, you can bypass future ancillary probates. A revocable trust holding the New Mexico or Colorado land transfers on your death without a court case. Where allowed, a transfer-on-death deed can also work. Updating ownership now spares your family from repeating the two-state process later.
Keep Everyone Informed
Out-of-state heirs get nervous when they see a second court file. Share a short schedule, the names of local attorneys, and expected recording dates. Send copies of every order and deed as they arrive. Clear communication reduces anxiety and keeps the group aligned.
Handle two states with one plan. For an Austin-based roadmap that moves New Mexico and Colorado properties to the finish line, contact McCulloch & Miller, PLLC at (713) 903-7879 and start your coordinated ancillary strategy today.