Alabama Statutes

§ 43-8-213 — Jurisdiction of Probate Court

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

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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Legislative History

(Act 2022-427, §1; Act 2023-289, §1.)

Nearby Sections

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