§ 43-8-214 — Venue of Proceedings

Alabama § 43-8-214

• Jurisdiction: 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

Text

(a) Where a proceeding under this division could be maintained in more than one place in this state, the probate court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate are commenced in more than one probate court of this state, the probate court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided; and if the ruling probate court determines that venue is properly in another court, it shall transfer the proceeding to the other probate court.
(c) If a probate court finds that in the interest of justice a proceeding or a file should be located in another probate court of this state, the court making the finding may transfer the proceeding or file to the other probate court.

Legislative History

(Act 2022-427, §1.)