SB256 Alabama 2022 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

Regular Session 2022

Title

Wills and estates, will contests, probate courts jurisdiction, removed to circuit courts under certain conditions

Summary

SB256 creates a new division governing will contests and removal of certain estate administrations from probate court to circuit court, applicable to matters starting in 2023.

What This Bill Does

It establishes that probate courts have original jurisdiction over will contests for wills probated on or after January 1, 2023, and sets the conditions under which an administration may be removed from probate court to the circuit court. It provides detailed rules for contest procedures (including a 180-day filing window, parties to the contest, and potential jury trials) and addresses what happens after that window. It also outlines how removal to the circuit court works (who may remove, timing, required notices, and possible remand or cost consequences for improper removals), along with updated rules on death determinations and oath requirements for filings.

Who It Affects

• Interested persons contesting a will filed for probate on or after January 1, 2023 (such as heirs, beneficiaries, and others with an interest in the will) and their rights under the 180-day contest window, participation requirements, and potential for removal to circuit court.
• Executors, administrators, and other parties involved in administering a decedent's estate where administration began on or after January 1, 2023, who may seek or face removal of the proceeding from probate court to the circuit court under the new rules.

Key Provisions

• Creates Division 4 (Sections 43-8-210 to 43-8-217) to govern will contests filed for probate on/after 1/1/2023 and removal of estate administrations that begin on/after 1/1/2023.
• Wills filed for probate on/after 1/1/2023 have a 180-day contest window after probate admission, with required parties, potential jury trial, and a finality of contest for all litigated matters unless exceptions apply.
• Removal to circuit court is allowed for will contests and certain administrations, with conditions (e.g., compliance with 43-8-215 for will contests; letters and settlement steps for administrations) and specified notice requirements; the circuit court gains jurisdiction upon filing the removal notice.
• Procedures for venue and transfer among probate courts, including rules about which court heard the case first, transfers between probate courts, and remand to probate court if appropriate, plus potential cost-shifting penalties for improper removals.
• Additional provisions on death-determination rules, the broad definition of proceeding, oath requirements for filings, and supremacy of this division over conflicting statutes; the division takes effect for matters beginning in 2023 and becomes effective immediately upon enactment.

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