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

Asked over 1 year ago - 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)

  1. Loraine M. DiSalvo

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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... more
  2. Michael A Kirtland

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.)

  3. Steven J. Fromm

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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