Alabama § 43-8-213 Jurisdiction of Probate Court

Alabama Statutes

§ 43-8-213 — Jurisdiction of Probate Court

Alabama § 43-8-213

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 7Wills Generally

Div. 4Jurisdiction 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

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Bluebook

Ala. Code § 43-8-213 (2026).

Text

To the full extent permitted by the Constitution of Alabama of 2022 both of the following apply:

(1)The probate court has jurisdiction over all matters set forth in Section 12-13-1.

(2)The probate court where a will is offered for probate has original and general jurisdiction over the contest of the validity of the will in accordance with Section 43-8-215, unless the proceeding has been removed to the circuit court under Section 43-8-216 and is then pending in the circuit court, in which case jurisdiction will lie with the circuit court until the proceeding is remanded in accordance with Section 43-8-216.

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To the full extent permitted by the Constitution of Alabama of 2022 both of the following apply:
(1) The probate court has jurisdiction over all matters set forth in Section 12-13-1.
(2) The probate court where a will is offered for probate has original and general jurisdiction over the contest of the validity of the will in accordance with Section 43-8-215, unless the proceeding has been removed to the circuit court under Section 43-8-216 and is then pending in the circuit court, in which case jurisdiction will lie with the circuit court until the proceeding is remanded in accordance with Section 43-8-216.