Alabama § 43-8-270 Duty of Custodian of Will After Death of Testator; Liability

Alabama Statutes

§ 43-8-270 — Duty of Custodian of Will After Death of Testator; Liability

Alabama § 43-8-270

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 10Custody of Wills

This text of Alabama § 43-8-270 (Duty of Custodian of Will After Death of Testator; Liability) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-8-270 (2026).

Text

After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Any person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to the penalty for contempt of court.

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After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Any person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to the penalty for contempt of court.