HB402 Alabama 2023 Session

Summary

Primary Sponsor

Kyle South

Republican

Session

Regular Session 2023

Title

Relating to decedents' estates; to amend Act 2022-427, 2022 Regular Session, now appearing as Section 43-8-210, Code of Alabama 1975, to specify that it shall apply to all probate proceedings pending before a circuit court on the effective date of Act 2022-427, regardless of when filed; and to provide retroactive effect.

Summary

HB402 expands and retroactively applies circuit court jurisdiction over probate matters (will contests and removal of administration) to all proceedings before circuit court as of April 14–15, 2022, regardless of when filed, with immediate effect after passage.

What This Bill Does

The bill amends Act 2022-427 to make circuit court the proper forum for will contests and removal of administration in more probate cases, including any pending in circuit court as of April 14, 2022 and those filed after January 1, 2023. It clarifies that certain existing laws will not prevent circuit court jurisdiction in these matters. It provides retroactive effect to April 15, 2022, and it becomes effective immediately after passage.

Who It Affects

• Group 1: People and estates with probate cases that were in circuit court or appeals court as of April 14, 2022 — their cases would be under circuit court jurisdiction, regardless of when filed.
• Group 2: Individuals and estates filing wills for probate or removal of administration after January 1, 2023 — these cases would be covered by the expanded circuit court jurisdiction, with older cases retroactively included.

Key Provisions

• Amends Section 43-8-210 to apply to all probate proceedings before circuit court as of April 14, 2022, including those pending and subject to transfer or acceptance orders.
• Covers wills filed for probate on or after January 1, 2023 and removal of administration when administration started on or after January 1, 2023, as well as any probate proceeding pending before a circuit court or appeals court as of April 14, 2022 that was subject to such orders.
• Sections 12-11-41, 12-11-41.1, 43-8-190, 43-8-197, 43-8-198, 43-8-199, 43-8-200, and 43-8-201 do not deprive circuit court of jurisdiction for these probate proceedings.
• Retroactive effect to April 15, 2022.
• Effective immediately after passage and 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.