AL Probate Needed?

[howesb]

My mother had a home in Alabama when she died (she died in a FL hospital) and was left by will to be split between her three children including myself. I am the executor of the will and currently live in Florida. All other parts of the estate have been divided out. But we need to know if when the house is sold the estate will have to go through probate in order for us to get the proceeds from the sale of the home. The home will likely sell for an estimated $250,000?

Thanks Brandon

 

[anteater]

The short answer is: Yes. Unless a probate proceeding is begun and you are appointed by the court as the executor, nobody will have legal authority to sell the property.

 

[BlondiePB]

FYI, executor is a term no longer used in FL. Personal Representative is used. Letters of Administration is the term(s) used rather than Letters of Testamentary in FL.

 

[anteater]

FYI, executor is a term no longer used in FL. Personal Representative is used. Letters of Administration is the term(s) used rather than Letters of Testamentary in FL.

Ah, but it could be the case that the deceased was an Alabama resident and original probate should be opened in Alabama.

There's that rather odd wording about "she died in a FL hospital."

In any event, even if Mom were a FL resident, ancillary probate would be needed to deal with the 'Bama property.