SB256 Summary

• Establishes new Division 4 in Alabama probate law applicable to wills filed for probate on or after January 1, 2023, and estate administrations commenced after that date.

• Grants probate courts original and general jurisdiction over will contests, with contests permitted before probate or within 180 days after admission of the will to probate by any interested person.

• Allows any party to a will contest to remove the proceeding from probate court to circuit court no later than 42 days before trial, except in counties where probate courts have concurrent equity jurisdiction.

• Establishes procedures for removal of estate administration proceedings to circuit court after letters testamentary or administration have been issued, including required notice and documentation.

• Circuit courts may remand removed proceedings back to probate court for improper delay, non-compliance with law, final judgment on all contested matters, or if all parties request remand; vexatious removal can result in assessed costs and attorney fees.