HB383 Alabama 2022 Session

Summary

Primary Sponsor

Tim WadsworthRepresentative

Republican

Session

Regular Session 2022

Title

Decedents' estates, will contests, probate courts jurisdiction, removed to circuit courts

Summary

HB383 clarifies probate court jurisdiction for will contests filed for probate on or after January 1, 2023 and allows these contests, as well as certain estate administrations, to be moved to circuit court under defined rules.

What This Bill Does

For wills filed for probate on or after 1/1/2023, probate courts have the authority to hear will contests. A will contest may be removed from probate court to circuit court if specific conditions are met, typically before the first trial setting and with a good-cause exception possibility. The bill also permits removal of administration of a decedent's estate to circuit court when administration began on or after 1/1/2023, with limits on when removal can occur. It includes procedures for notices, transfers of records, remand options if removal is improper, and cost rules, and it clarifies that these rules take precedence over conflicting laws.

Who It Affects

• Interested persons (such as heirs or others who want to challenge a will) who file a will contest for probate after January 1, 2023; they are affected by the new probate-court jurisdiction and the option to move the case to circuit court under the specified rules.
• Executors/administrators and other estate stakeholders involved in decedents' estates where administration began after January 1, 2023; they are affected by the removal option to circuit court and the related procedural requirements.

Key Provisions

• Adds Division 4 to Title 43, Chapter 8, establishing jurisdiction for will contests filed for probate on or after January 1, 2023 and authorizing removal of administration of estates to circuit court for administrations commenced on or after January 1, 2023.
• Probate court has original and general jurisdiction over will-contest matters for probates filed after 1/1/2023; contests can be tried by jury.
• Contest window: a will can be contested within 180 days after admission to probate; after that, only certain individuals (e.g., minors or persons lacking a representative) may contest under specified time limits.
• Removal of a will contest from probate court to circuit court is allowed, provided it occurs no later than 42 days before the first trial setting unless good cause is shown.
• Procedural steps for removal include filing a notice of removal with both courts and transferring records; the probate court must pause action until removal is decided.
• The circuit court may remand the case to probate court for improper removal or other specified reasons; costs related to improper removal can be taxed against the offending party, with detailed accounting.
• Removal of estate administration to circuit court is prohibited before letters are issued and after final settlement steps have begun, with conditions outlined for the proper timing.
• If there is a conflict with other laws, Division 4 controls; the act takes effect immediately upon the governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Estates