The bill amends the Alabama probate code to clarify the jurisdiction of will contest proceedings that have been transferred from probate court to circuit court. It specifies that the amendments apply to wills filed for probate on or after January 1, 2023, as well as to any probate proceedings, including will contests or the removal of the administration of a decedent's estate, that were before a circuit or appeals court as of April 14, 2022. The bill also states that certain sections of the Code of Alabama 1975 shall not apply to these wills and probate proceedings, ensuring that circuit courts retain jurisdiction in these cases.

The bill includes insertions that expand the scope of the probate code to cover all probate proceedings before a circuit or appeals court as of April 14, 2022, and it deletes language that limited the application to wills filed for probate. It also updates references to the Constitution of Alabama from 1901 to 2022. The bill provides retroactive and curative effect to April 14, 2022, and will become effective immediately upon passage and approval by the Governor or otherwise becoming law. The dates of passage by the House and Senate are inserted as May 23, 2023, and May 4, 2023, respectively.

Statutes affected:
Introduced: 43-8-213, 43-8-215
Enrolled: 43-8-210, 43-8-213, 43-8-215