Detailed Answer: Which State Should Handle Probate under Alabama Law?

Short answer: Under general probate principles that Alabama courts follow, the proper place to open the primary (or original) probate is the state of the decedent’s legal domicile at the time of death. The state where the person physically died may need an ancillary probate only if the decedent owned real property or other situs-based assets in that state. If your parent died in Virginia but was legally domiciled in North Carolina, North Carolina will usually be the correct place for primary probate; Virginia may require ancillary probate for Virginia-located property. Alabama courts apply the same domicile/ancillary principles if an Alabama connection exists.

How this works — key concepts

Domicile vs. physical location

Domicile means the place the person considered their permanent home and intended to return to, not merely where they were staying when they died. A person can only have one domicile at a time. Probate jurisdiction for distributing a decedent’s personal property and handling the main estate administration is typically in the decedent’s domicile state at death.

Primary (domiciliary) probate

The domiciliary court (the court in the state of domicile) has primary authority to admit a will to probate and to supervise administration of the decedent’s personal property and debts. If your parent’s legal domicile was North Carolina, the North Carolina probate court is normally the proper place to open the main estate administration.

Ancillary probate

If the decedent owned real estate or other tangible property located in another state (for example, real estate in Virginia), that other state can require an ancillary probate administration to transfer title to the property located in that state. Ancillary probate generally is a limited proceeding: the ancillary personal representative obtains authority to deal only with the assets located in that state.

Applying those rules to your fact pattern

Because your parent physically died in Virginia but was living in (and you say) North Carolina, the likely analysis is:

If North Carolina was your parent’s legal domicile at death, open primary probate in North Carolina.
If the parent owned real estate or other property located in Virginia (bank accounts titled in Virginia, vehicles titled in Virginia, Virginia real estate), you may also need to open ancillary probate or obtain local authority in Virginia to transfer those assets.
If the parent’s domicile is unclear (e.g., they had ties to both states and did not clearly intend either as a permanent home), you may need to resolve domicile as part of probate venue — often by looking at factors such as voter registration, driver’s license, tax filings, primary address, where they spent most of their time, and where they intended to return.
Alabama courts (or Alabama residents dealing with a similar cross‑border death) will follow these same domicile/ancillary rules. If your question is whether Alabama should be used because of a family connection to Alabama, the same domicile principles apply: the decedent’s domicile controls unless Alabama was their domicile.

Practical steps you can take now

Confirm domicile: gather documents showing the decedent’s primary home and intent (last lease or deed, voter registration, driver’s license, tax returns, federal and state filings, bills, mailing address, and employment).
Inventory assets and note the situs of each asset (where real estate is located, what state bank accounts are located in or where accounts were primarily used, vehicle titles, retirement accounts, payable-on-death designations).
If the will names a personal representative or executor, check whether that person can act in the domiciliary state or whether the court will appoint someone different under local rules.
Open the domiciliary probate first (the state of domicile). If property exists in the state of death, ask the domiciliary court or the attorney handling the case about ancillary probate steps to clear title in that other state.
If domicile is contested or unclear, consult an attorney in the likely domiciliary state to determine the best filing strategy; sometimes both states see competing filings and the courts coordinate or defer to the domiciliary jurisdiction.

Relevant Alabama resources

Alabama probate procedure and court information is available on the state courts site: https://www.alacourt.gov. For the full Code of Alabama (which contains probate and estate statutes), search the Code of Alabama through the Alabama Legislature site: https://www.legislature.state.al.us.

When might an Alabama court be involved?

An Alabama probate court would be the proper place to open probate only if the decedent’s legal domicile at death was Alabama, or if the decedent owned property located in Alabama that needs an ancillary administration. If the decedent neither lived nor owned assets in Alabama, Alabama courts generally will not have probate jurisdiction over the estate.

Examples (hypotheticals)

Example 1: Parent lived and voted in North Carolina for years, kept a North Carolina driver’s license, and died while visiting Virginia. They owned a house in North Carolina and a small rental in Virginia. You would open primary probate in North Carolina and then open a simple ancillary proceeding in Virginia to transfer the Virginia rental.

Example 2: Parent maintained a permanent home and most ties in Virginia and only briefly lived in North Carolina with no intent to change domicile. Primary probate would likely be in Virginia.

How an attorney can help

An attorney licensed in the domiciliary state can: (1) confirm domicile facts; (2) prepare and file the probate petition; (3) obtain letters testamentary or letters of administration; and (4) coordinate any ancillary filings in the state(s) where out-of-state property is located. If multiple states are involved, you may need counsel in more than one state or one attorney experienced with interstate probate coordination.

Helpful Hints

Confirm legal domicile before filing; the wrong initial filing may waste time and fees.
Make a complete asset list, noting where each item is physically located and how it is titled.
Remember that bank accounts with payable-on-death or retirement accounts with named beneficiaries often pass outside probate.
Real property generally requires probate action in the state where the property is located.
If you expect to need ancillary probate in another state, gather certified copies of the domiciliary court’s letters of authority to present to the ancillary court.
Ask the probate office in the likely domiciliary state for filing checklists; many courts provide step-by-step guidance for executors and administrators.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general principles about probate and domicile under Alabama practice and is intended for educational purposes only. For advice specific to your situation, consult a licensed probate attorney in the state that may be the decedent’s domicile and in any state where the decedent owned property.