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AL HB266

Bill

Status

Passed

5/24/2023

Primary Sponsor

Cynthia Almond

Click for details

Origin

House of Representatives

Regular Session 2023

AI Summary

  • Amends Alabama probate code sections 43-8-210, 43-8-213, and 43-8-215 to establish jurisdiction over will contests removed from probate court to circuit court.

  • Applies to wills filed for probate on or after January 1, 2023, and to any probate proceedings (including will contests) that were pending in circuit or appeals court as of April 14, 2022, and subject to a transfer order.

  • Establishes that probate courts have original and general jurisdiction over will validity contests, unless the proceeding has been removed to circuit court under Section 43-8-216, in which case circuit court jurisdiction applies.

  • Allows any party to remove a will contest from probate court to circuit court, provided removal occurs no later than 42 days before the first trial setting unless the probate court grants an extension for good cause.

  • Takes retroactive and curative effect to April 14, 2022, and becomes effective immediately upon gubernatorial approval or otherwise becoming law.

Legislative Description

Relating to the probate code; to amend Act 2022-427, 2022 Regular Session, now appearing as Sections 43-8-210, 43-8-213, and 43-8-215, Code of Alabama 1975, to provide for the jurisdiction of certain will contest proceedings that have been removed from the probate court to the circuit court; and to provide retroactive effect.

Last Action

Enacted

5/24/2023

Committee Referrals

Judiciary4/25/2023
Judiciary4/6/2023

Full Bill Text

No bill text available