Probate & Administration of Foreign Estate - Ex Parte Scott


Ex parte Scott, [Ms. 1140645, Oct. 28, 2016] __ So. 3d __ (Ala. 2016). The Supreme Court unanimously grants a petition for a writ of mandamus directing the Jefferson Probate Court to vacate its order requiring beneficiaries of an estate to pay into the probate court distributions they were to receive from a concurrent administration of the estate in London, England. The Court concludes the Jefferson County Probate Court has no jurisdiction to direct control or distribution of the estate assets from the English administration because those assets derive from real property in England. Citing the principle of lex loci rei sitae as explained in Phillips v. Phillips, 213 Ala. 27, 104 So. 234 (1925), the Court concludes the Jefferson Probate Court was without in rem jurisdiction over the proceeds from the sale of the lands in England because of the

inherent right of every sovereign state, for its own security and in keeping with its dignity and independence, to regulate the alienation, devise, or descent of real estate within its borders.

Ms. *22, quoting Phillips v. Phillips, 213 Ala. at 29, 104 So. at 236.

Related Documents: Ex parte Scott

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