Legal Question in Wills and Trusts in Virginia
Where do I file to probate real property
My father moved in with me (daughter) and my husband several years ago when his health began to decline. He died a month ago as a resident of Virginia, but owns property in Alabama in 2 different counties.
Since my father was divorced from my mother before his death and has no will, the property should go to his 3 adult children (myself and 2 brothers). He had a small savings account with me as co-owner, so I have full access to these funds to pay his remaining bills and then divide the remainder with my brothers. Otherwise, he really had nothing of value -- except the land. My question is, where (VA or AL) do I file for probate of the land?
1 Answer from Attorneys
Re: Where do I file to probate real property
You will need to engage the services
of an Alabama attorney to arrange for what's called an ancillary probate of
the properties which your now deceased father owned in that state at the time of his death in Virginia.
A good way to start this exercise would likely be for you to contact the local bar associstion in one of the Alabama localities where property is located and ask them for some names of attorneys who handle probate matters in that particular locale.
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