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AL HB402

Bill

Status

Introduced

4/27/2023

Primary Sponsor

Kyle South

Click for details

Origin

House of Representatives

Regular Session 2023

AI Summary

  • Amends Act 2022-427 to expand circuit court jurisdiction over probate proceedings to include all cases pending before a circuit court as of April 14, 2022, regardless of filing date.

  • Applies the jurisdictional transfer to any probate proceedings, including will contests and removal of estate administration, that were pending before circuit or appeals courts on April 14, 2022.

  • Clarifies that specific statutory sections (12-11-41, 12-11-41.1, 43-8-190, 43-8-197 through 43-8-201) do not deprive circuit courts of jurisdiction over these probate matters.

  • Establishes that provisions of this act supersede conflicting provisions in Chapter 13 of Title 12, Division 3 Article 7 of Chapter 8 of Title 43, or any other conflicting state law.

  • Applies retroactively to April 15, 2022 and becomes effective immediately upon passage and gubernatorial approval.

Legislative Description

Relating to decedents' estates; to amend Act 2022-427, 2022 Regular Session, now appearing as Section 43-8-210, Code of Alabama 1975, to specify that it shall apply to all probate proceedings pending before a circuit court on the effective date of Act 2022-427, regardless of when filed; and to provide retroactive effect.

Last Action

Introduced and Referred to House Judiciary

4/27/2023

Committee Referrals

Judiciary4/27/2023

Full Bill Text

No bill text available