Estate Planning When Your Kids Live in Different States

What Happened

A Colorado estate planning law firm published a detailed analysis in August 2026 examining one of the most common logistical challenges facing modern families: what happens when parents live in one state and their adult children live somewhere else. The piece, from Davis Schilken, PC, a Lakewood and Denver-based firm, addresses how geographic distance can undermine even a carefully constructed estate plan when the time comes to act on it.

The article identifies several pressure points where distance creates friction. Financial and medical powers of attorney, executor roles, healthcare emergencies, and out-of-state property ownership all carry different implications when the people named to act are hundreds or thousands of miles away. The firm notes that while many financial tasks are now manageable remotely, medical decision-making and on-the-ground property management remain situations where physical presence carries real weight.

The piece also highlights a specific legal complication that catches many families off guard: ancillary probate. When a Colorado resident owns real estate in another state, that property may require a separate probate proceeding in the state where it sits. An out-of-state executor then faces the burden of managing parallel legal timelines across multiple jurisdictions, each with its own rules, fees, and deadlines. The firm recommends proactive planning to reduce or eliminate this exposure before it becomes a crisis.

What It Means

For Colorado families, the stakes around probate and estate administration are concrete and measurable. Colorado's court filing fee for a probate case runs $229CO Judicial Branch List of Fees (probate); C.R.S. § 13-32-102(1)(b), (7); HB 24-1286. Verified 2026-07-14Verified Jul 15, 2026View source, and attorney fees typically fall in the range of 2%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Jul 15, 2026View source to 3.1%C.R.S. § 15-10-602 (reasonable compensation; no statutory percentage)Verified Jul 15, 2026View source of the estate's value. The average probate case in Colorado takes 6 monthsC.R.S. § 15-10-602Verified Jul 15, 2026View source to 9 monthsC.R.S. § 15-10-602Verified Jul 15, 2026View source to resolve. Add a second jurisdiction for out-of-state property, and both the timeline and the cost can multiply significantly. An out-of-state executor managing two parallel proceedings faces attorney relationships in two states, two sets of court deadlines, and potentially two separate fee structures on top of Colorado's own process.

Colorado does offer meaningful tools to sidestep this problem entirely. Colorado recognizes a beneficiary deed, which allows real property to transfer directly to a named beneficiary at death without going through probate at all. For families with property in multiple states, placing real estate into a revocable living trust is another widely used approach. Assets held in trust pass outside of probate, which means out-of-state real estate titled to a trust avoids the ancillary probate process that would otherwise apply. Colorado also allows informal probate administration, which reduces court involvement for straightforward estates and can ease the burden on an out-of-state executor. Colorado's small estate affidavit process covers personal property valued under $88,000§ 15-12-1201Verified Jul 15, 2026View source, though real property cannot transfer through this route. Families with modest personal property estates may qualify for a simplified process, but real estate always requires additional planning.

The power of attorney dimension deserves particular attention for Colorado residents. Colorado has adopted the Uniform Power of Attorney Act, which provides a standardized framework for financial powers of attorney and offers third-party protections that make it easier for agents to act without unnecessary delays. Colorado permits springing powers of attorney that activate only upon incapacity, though durable powers that take effect immediately are generally more practical when an out-of-state agent needs to act quickly. A power of attorney executed in Colorado is durable by default, meaning it remains effective even if the principal becomes incapacitated. For medical decision-making, Colorado requires 2C.R.S. § 15-18-106 (no separate statutory form; execution requirements only)Verified Jul 15, 2026View source witnesses on a healthcare directive. A notary can substitute for witnesses, which gives families additional flexibility when executing documents remotely. The practical implication is that an out-of-state child named as a healthcare agent needs immediate digital access to these documents. A signed directive sitting in a filing cabinet in Lakewood provides no help to a child in Seattle trying to communicate with a hospital at midnight.

Colorado's intestacy rules also create a specific risk for families who delay planning. When someone dies without a will or trust, Colorado law determines who inherits. A surviving spouse with children from a prior relationship receives the first First $221,000 plus half of the remaining estate (2026 CPI-adjusted)C.R.S. § 15-11-102Verified Jul 15, 2026View source. Children from blended families, stepchildren, and unmarried partners receive nothing under intestacy unless named in a valid document. For families navigating multiple states, the absence of a clear plan does not just create emotional difficulty — it creates legal uncertainty across jurisdictions simultaneously. The consequences of dying without an estate plan are magnified when property, decision-makers, and heirs are scattered across state lines.

Context from SimplyTrust

The geographic complexity described in the source article reflects a real and growing challenge for Colorado families. A revocable living trust addresses several of the core problems at once. Trust assets pass directly to beneficiaries without probate, which eliminates the ancillary probate risk for out-of-state real estate held in the trust. Successor trustee authority activates without court involvement, which means an out-of-state child named as successor trustee can begin managing trust assets without the delays that accompany executor appointments. SimplyTrust's article on avoiding probate with a trust walks through how this works in practice. Families concerned about the probate process specifically can also review seven reasons for bypassing probate to understand the full scope of what probate involves and why structured planning reduces exposure to it.

For families with children spread across multiple states, the executor and trustee selection decisions carry logistical weight that goes beyond personal trust. The process of choosing trustees involves evaluating availability, proximity, and practical capacity alongside character. SimplyTrust also provides a free financial power of attorney form at simplytrust.com/forms for Colorado residents who want to document agent authority outside of a trust structure. Colorado does not require witnesses or notarization for a financial power of attorney to take effect, though notarization is required for agent acceptance under Colorado law. Families who want their documents accessible in a digital format — ready to share with a hospital or financial institution from any location — can explore how SimplyTrust stores and manages estate planning documents through the Estate Ledger, which timestamps and cryptographically records every change to a trust.

Source: Estate Planning When Your Children Live in Different States - Davis Schilken, PC