Alabama § 43-8-210 Application and Construction of Division

Alabama Statutes

§ 43-8-210 — Application and Construction of Division

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 8 Probate Code·Art. 7 Wills Generally·Div. 4 Jurisdiction for Will Contests Filed for Probate on or After January 1, 2023, and the Removal of the Administration of a Decedent’s Estate When the Administration Commenced on or After January 1, 2023

(a)This division applies to both of the following:

(1)Wills filed for probate on or after January 1, 2023, and the removal to circuit court of the administration of a decedent’s estate when the administration commenced on or after January 1, 2023.

(2)Any probate proceeding, including a will contest or the removal of the administration of a decedent’s estate, regardless of when filed, which was before a circuit or appeals court as of April 14, 2022, and which was subject to an order issued by a probate or circuit court purporting to transfer or remove the case to circuit court or purporting to accept the case into circuit court.

(b)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, shall not apply to, and shall not deprive a circuit court of j

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(a) This division applies to both of the following:
(1) Wills filed for probate on or after January 1, 2023, and the removal to circuit court of the administration of a decedent’s estate when the administration commenced on or after January 1, 2023.
(2) Any probate proceeding, including a will contest or the removal of the administration of a decedent’s estate, regardless of when filed, which was before a circuit or appeals court as of April 14, 2022, and which was subject to an order issued by a probate or circuit court purporting to transfer or remove the case to circuit court or purporting to accept the case into circuit court.
(b) 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, shall not apply to, and shall not deprive a circuit court of jurisdiction of probate proceedings pursuant to the enumerated sections, in either of the following:
(1) Wills filed for probate on or after January 1, 2023, or the removal of the administration of a decedent’s estate, when the administration was commenced on or after January 1, 2023.
(2) Any probate proceeding, including a will contest or the removal of the administration of a decedent’s estate, regardless of when filed, which was before a circuit or appeals court as of April 14, 2022, and which was subject to an order issued by a probate court or circuit court purporting to transfer or remove the case to circuit court or purporting to accept the case into circuit court.
(c) If any provision of this division conflicts with any provision of Chapter 13 of Title 12; Division 3, Article 7, Chapter 8 of Title 43; or any other provision of law, the provision of this division prevails.

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