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AL SB149
Bill
AI Summary
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Clarifies that once an estate or will contest is removed from probate court to circuit court, all subsequent filings regarding that removed matter must be filed in the circuit court.
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Amends Section 43-8-213 to specify that the probate court's jurisdiction over will validity contests ends once proceedings are removed to circuit court under Section 43-8-216 and remain pending there.
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Amends Section 43-8-215 to require that will contest allegations be filed in the circuit court if the proceedings have been removed there under Section 43-8-216 and are pending in that court.
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Maintains existing removal procedures allowing any party to remove a will contest from probate court to circuit court no later than 42 days before the first trial setting, unless the probate court grants leave for good cause.
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Becomes effective immediately upon passage and gubernatorial approval.
Legislative Description
Relating to the probate code; to amend Act 2022-427, 2022 Regular Session, now appearing as Sections 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.
Last Action
Introduced and Referred to Senate Judiciary
4/4/2023