Legal Question in Wills and Trusts in Alabama

Probate Law

My mother passed away with no will. Since I'm out of state. Can I be the adminastrator or does the state appoint one, are there fees and expenses.


Asked on 8/09/07, 4:33 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Probate Law

Yes there are fees and expenses. You can be appointed administrator but you will have to name a resident agent. Could be your lawyer.

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Answered on 8/09/07, 5:01 pm
William Nolan Nolan Elder Law LLC

Re: Probate Law

The Code of Alabama says this about that:

Section 43-2-22

Disqualification of certain persons to serve as executor or administrator.

(a) No person must be deemed a fit person to serve as executor who is under the age of 19 years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any nonresident of the state be appointed as administrator unless he is at the time executor or administrator of the same estate in some other state or territory or jurisdiction, duly qualified under the laws of that jurisdiction.

So in essence you cannot do it yourself and not be a resident of Alabama. Find a lawyer in the county of her residence and ask about this.

William Nolan

Nolan Elder Law

Birmingham, AL

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Answered on 8/09/07, 5:03 pm


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