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.

Description

In 2022, the Legislature enacted Act 2022-427 effective April 14, 2022, which allowed certain cases for contesting a will or removal of the administration of a decedent's estate to be transferred from a probate court to a circuit court, but only for cases filed on or after January 1, 2023.

This bill would provide that the provision for a probate court to have jurisdiction for will contests and removal of the administration of a decedent's estate from probate court to circuit, and for the circuit court to have jurisdiction for will contests and removal of the administration of a decedent's estate, applies to all probate proceedings before a circuit court as of April 14, 2022, regardless of when a case was filed.

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