Atlanta, GA asked in Probate, Foreclosure and Real Estate Law for Alabama

Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

2 Lawyer Answers
James Blount Griffin
James Blount Griffin
Answered
  • Probate Lawyer
  • Madison, AL
  • Licensed in Alabama

A: I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.

To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate court of Montgomery County, AL. Unless there is a valid will, however, the administrator of her estate would have to be a resident of Alabama. Do you have any reliable and responsible relatives in Alabama willing to be her estate's administrator?

If not, I could probably do it, though I advise my clients that blood kin is generally preferable. Nonetheless, I have served as a court-appointed estate administrator many times on such situations.

Frank Truncali
Frank Truncali
Answered
  • Probate Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is not available locally, then an attorney would be able to administer the estate. My office would be glad to discuss this matter with you.

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