Alabama Supreme Court: Alabama Circuit Court Lacks Subject Matter Jurisdiction Over Claims Against Georgia Executor
Donovan Arnott, Jr. was married to Lois Arnott, and Bruce is their son. Lois had two children from a prior marriage — Nancy Beamon and John Terry. Donovan adopted Nancy, but did not adopt John.
Donovan tied test on May 1, 2014, owning a house, lots, and several tracts of land. Donovan’s will left the house and two lots to his surviving spouse Lois.
Donovan devised a remainder fee-simple interest in a tract to Bruce, as well as a remainder fee-simple to both Nancy and John.
Lois died testate in July 2017, and her estate was probated in Lee County, Georgia. Nancy was appointed as executor of the estate. In October 2018, Bruce filed a complaint against Nancy, as personal representative of Lois’s estate in Washington County, Alabama.
The complaint alleged that Nancy, as personal representative, was responsible for carrying out the timber regeneration of the Atchison tract which was given to Bruce; and that the estate was required to pay for the cost of the timber regeneration on the tract.
Nancy moved to dismiss the complaint, arguing that the circuit court did not have subject matter jurisdiction.
The Alabama Supreme Court ultimately held that an executor appointed in another state does not have authority to prosecute or defend suits in Alabama.
The court stated, When persons are sued in their capacity as executor of an estate, they are not personally a party, but are only involved as a “commissioned representative of the court making the appointment, and for the limits of its jurisdiction, so that beyond that jurisdiction he can exercise no authority, or do or omit any act which will affect the due administration of the trust by the local authorities.”
See, Alabama Supreme Court: Alabama Circuit Court Lacks Subject Matter Jurisdiction Over Claims Against Georgia Executor, Probate Stars, June 29, 2020.