SB149 Alabama 2023 Session

Summary

Primary Sponsor

Sam GivhanSenator

Republican

Session

Regular Session 2023

Title

Relating to the probate code; to amend Act 2022-427, 2022 Regular Session, now appearing as Sections 43-8-213 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.

Summary

SB149 clarifies that once a will contest or estate matter is moved from the probate court to the circuit court, all further filings about that contest must be filed in the circuit court.

What This Bill Does

If a will contest is removed to the circuit court, the bill ensures that the circuit court handles all subsequent filings related to that contest. It preserves the probate court’s general authority over other probate matters, but assigns the removed contest to the circuit court until it is remanded. The bill also outlines how a will contest proceeds (filing windows, parties, jury eligibility) and sets the removal timing requirement, with a provision for good cause if the probate court approves an exception.

Who It Affects

• Interested persons (such as heirs or other parties contesting a will) who must file or continue filings in the circuit court after removal from probate
• Probate court and circuit court as institutions, by clarifying which court has jurisdiction for removed will contests and how subsequent filings are handled

Key Provisions

• Amends sections 43-8-213 and 43-8-215 to specify that when a will contest is removed from probate to the circuit court, the circuit court has jurisdiction for the removed matter until remand
• Provides that all filings about a removed will contest must be filed in the circuit court; probate retains jurisdiction over other probate matters
• Allows removal of a will contest no later than 42 days before the first trial setting, unless the probate court grants leave for good cause; removal applies under Section 43-8-216
• Effective date: the act becomes effective immediately after the governor's signature

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