HB266 Alabama 2023 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Cynthia Lee AlmondAlabama Public Service Commission
Republican
Session: Regular Session 2023
Title: 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.
Summary: HB266 clarifies and shifts jurisdiction for certain probate matters and will contests when they are removed from probate court to circuit court, and it applies retroactively to earlier cases.
What This Bill Does
It requires that once a will contest or administration has been moved from the probate court to the circuit court, all subsequent filings about that matter must be filed in the circuit court. The probate court retains original jurisdiction for probate matters unless the case has been removed to the circuit court, in which case the circuit court has jurisdiction until remanded. It establishes a 180-day window to contest a will after probate admission, with a right to a jury trial, and otherwise limits post-180-day contest access to certain guardianship-related circumstances for up to 20 years. It allows removal from probate to circuit within 42 days before the first trial setting with good cause, and the act is retroactive to April 14, 2022 and effective immediately.

Who It Affects
Interested persons in wills and estates (such as executors, heirs, beneficiaries, and individuals who file will contests) who may need to file or contest in the circuit court if the matter has been removed from probate court.
Probate and circuit courts in Alabama, which will gain or transfer jurisdiction based on whether a case has been removed and where the case is pending, with the retroactive and immediate changes taking effect.

Key Provisions
Section 43-8-210: Applies to wills filed for probate on/after Jan 1, 2023 and to administrations removed on/after Jan 1, 2023; also covers older proceedings with pre-existing transfer/removal orders as of Apr 14, 2022.
Section 43-8-213: Clarifies probate court's jurisdiction and, if a case has been removed to circuit court, that circuit court has jurisdiction until remand.
Section 43-8-215: Sets the will-contest process—180-day filing window, jury trial, and that a contest is conclusive on litigated issues; allows removal to circuit within 42 days before first trial setting with good cause.
Section 43-8-216 (referenced): Governs removal from probate to circuit court for will contests and related matters; not detailed here but referenced for removal procedures.
Section 2: Provides retroactive and curative effect to April 14, 2022.
Section 3: Establishes immediate effectiveness following governor approval.

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