Chapter 9 - § 9.2 • HISTORICAL — FULL FAITH AND CREDIT

• Jurisdiction: Colorado

§ 9.2 • HISTORICAL — FULL FAITH AND CREDIT

Article IV, Section I of the federal Constitution requires that each state give full faith and credit to the judicial proceedings of the others, which would include the probate of wills, but it has been held that each state has the right to determine the devolution of the title to real estate within its borders,³ and other decisions have limited the effect of foreign wills on personal property. The Code has adopted the general principle that the courts of the domicile should determine the validity of wills and their effect, as well as domicile, but it appears that if a judgment has not become final in the other jurisdiction before a testacy proceeding has been commenced in this state, our courts are free to make their own determination.⁴

Where improper notice of probate was given, Colorado courts may ignore a formal probate order from another state and may apply Colorado intestacy law regarding title to real estate.⁵

--------

Notes:

^[3] Robertson v. Pickerell, 109 U.S. 608 (1883); Foster v. Kragh, 113 P.2d 666 (Colo. 1941); Sayre v. Sage, 108 P. 160 (Colo. 1910).

^[4] C.R.S. §§ 15-12-408 and -409.

^[5] Estate...