Hamer Law Group - Probate, Estate & Litigation Attorneys - Alabama
Attorneys for Probate, Estate, Trust, Conservatorships/Guardianships, and Civil Litigation.

Ancillary PROBATE

Ancillary Estates

What is Ancillary Probate?

When an individual dies, their estate goes through probate in the state where they died. If the decedent owned real property in a different state (or states) it may be necessary to commence ancillary probate proceedings in those jurisdictions.


Is Ancillary Probate in Alabama required?

If an Alabama non-resident whose estate was or is being administered in their home state owned property in Alabama, then in order to establish title, their will should be admitted in Alabama. An Alabama court does not have power to issue an order affecting real property in another state(s). Accordingly, if the primary probate estate is commenced in Alabama, then an ancillary probate proceeding may need to be initiated in the other state where the decedent owned such real property. If the Alabama non-residents’s estate does not need to be administered in their home state, then their estate can be initially administered in Alabama. A non-resident named in the will as executor can be granted Letters Testamentary. ALA. CODE § 43-2-191.


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