HB266 Alabama 2023 Session

Summary

Primary Sponsor

Cynthia Lee Almond

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.

Description

Under existing law, the probate court has original and general jurisdiction over the probate of wills, the granting of letters testamentary, the sale and disposition of real and personal property belonging to an intestate estate, and other matters.

Existing law also provides conditions under which a matter may be removed from the probate court to the circuit court.

This bill would clarify that while an estate or will contest is removed from the probate court to the circuit court, all subsequent filings regarding the removed matter are required to be filed in the circuit court.

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