Bill > SB256

This bill establishes new rules and procedures for will contests and the administration of decedents' estates in Alabama. The key provisions are: 1. It applies to wills filed for probate and estate administrations commenced on or after January 1, 2023. 2. It grants probate courts jurisdiction over all will contests and administration of estates, but allows parties to remove will contests and estate administration proceedings to the circuit court under certain conditions. 3. It sets forth rules of evidence for determining death and presumption of death, and clarifies that proceedings include both actions at law and suits in equity. 4. It provides that a will can be contested within 180 days of probate, with the contest proceedings being conclusive on all matters that were or could have been litigated. After 180 days, certain parties have one year to contest the will. 5. It establishes the procedures for removing a will contest or estate administration proceeding from probate court to circuit court, including the required contents of the notice of removal and the circuit court's ability to remand the proceeding back to probate court under certain circumstances. 6. It allows the circuit court to tax costs and attorney's fees against a party who improperly or vexatiously removed a proceeding.

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