The bill amends the Alabama probate code, specifically Act 2022-427, to clarify the jurisdiction of will contest proceedings that have been transferred from probate court to circuit court. Key changes include the insertion of provisions that establish jurisdiction for both wills filed for probate on or after January 1, 2023, and for any probate proceedings, including will contests, that were pending in circuit or appeals court as of April 14, 2022. The bill also specifies that certain sections of the law will not deprive circuit courts of jurisdiction over these probate proceedings.
Additionally, the bill introduces retroactive effects to the changes, making them applicable to cases as of April 14, 2022. It also modifies the language regarding the contest of wills, allowing for contests to be filed in circuit court if the proceedings have been removed from probate court. The bill aims to streamline the process and clarify jurisdictional authority, ensuring that all relevant parties are included in the contest proceedings and that the outcomes are conclusive. The act is set to take effect immediately upon passage and approval by the Governor.
Statutes affected: Introduced: 43-8-213, 43-8-215
Enrolled: 43-8-210, 43-8-213, 43-8-215