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Can non resident of Alabama be the administrator of an estate that does not have a will in Alabama?

Canton, GA |

can figure out if alabama code 43-2-190 allows for it because code 43-2-22 seems to exclude it

Attorney Answers 3

Posted

You need to contact an Alabama licensed attorney. I am a Georgia-licensed attorney. I do know that I have worked with an estate which was based here but which involved some Alabama real estate, and the Alabama probate court did appoint a Georgia-resident Administrator for the ancillary probate. If you're already working with an Alabama licensed attorney, you will probably need to get a second opinion, because it does not seem like there are very many Alabama attorneys answering questions on this site. Or perhaps your question is not getting to them because you are listed as in Georgia. I would try finding an Alabama attorney experienced in probate work and giving that person a call about this issue.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

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Loraine M. DiSalvo

Loraine M. DiSalvo

Posted

Just to clarify - the estate I mentioned was an intestate estate where the Georgia decedent did not have a Will.

Posted

As always Ms DiSalvo offers sound advice. You cannot figure this out on your own. You must retain an AL estates attorney to assist you. Talk to people got the Find A Lawyer tab here at Avvo and get in to see an estates attorney immediately to get a conclusive answer not a general answer at a general forum like Avvo.

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Posted

No. 43-2-22 prevails. the 43-2-190 series is referring to non-resident acting as administrator (by definition an administrator is managing an estate where there is no will) where that non-resident administrator has already been appointed as administrator in another state and is now seeking to serve as administrator in Alabama. (Just for clarity, I am also licensed in Alabama.)

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