Disclaimer: This information is for educational purposes and does not constitute legal advice. For guidance on your specific situation, consult an attorney licensed in Alabama.
Understanding Probate Across Multiple Locations in Alabama
When a decedent’s assets lie in different counties or states, you need to navigate multiple probate processes. Alabama law (Ala. Code § 43-2-291) requires primary administration in the county where the decedent resided. For real property in another county, you must open an ancillary estate per Ala. Code § 43-2-340.
Steps to Manage Multi-County Estate Administration
- Determine the Primary Venue: Identify the decedent’s domicile. File for probate in that county’s probate court. See Ala. Code § 43-2-291.
- Open Ancillary Proceedings: For real estate or tangible assets outside the primary county, file ancillary probate in the local court. Refer to Ala. Code § 43-2-340.
- Inventory and Appraisal: Prepare a detailed inventory of all assets. Submit the inventory to each court by the deadline under Ala. Code § 43-2-828.
- Notify Creditors: Publish notices in each jurisdiction to alert creditors. Meet local and state notice requirements to preserve the estate.
- Coordinate Distributions: Work with the personal representative and ancillary administrator to distribute assets according to the will or Alabama intestacy statutes.
Key Alabama Statutes
- Ala. Code § 43-2-291 – Venue for primary administration
- Ala. Code § 43-2-340 – Ancillary administration
- Ala. Code § 43-2-828 – Inventory requirements
Helpful Hints
- Maintain clear records for each asset’s location.
- Consult the probate clerk in each county early.
- Keep beneficiaries informed of multi-jurisdiction procedures.
- Use consistent documentation across courts.
- Consider an attorney with experience in multi-county estates.