Section 43-8-160 Who may have will probated. Upon the death of a testator, any executor, devisee, or legatee named in the will, or any person interested in the estate, or who has custody of such will may have the will proved before the proper probate court. (Code 1852, §1620; Code 1867, §1939; Code 1876, §2303; […]
Section 43-8-161 Time limit for probate. Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not an inhabitant of this state at the time of his or her death, the will may be admitted to probate in this state […]
Section 43-8-162 Where will probated. Wills must be proved in the several probate courts as follows: (1) When the testator, at the time of his death, was an inhabitant of the county, in the probate court of such county. (2) When the testator, not being an inhabitant of the state, dies in the county, leaving […]
Section 43-8-163 Probate not prevented by subsequent incompetency of witnesses. If the witnesses attesting the execution of any will are competent at the time of their attestation, their subsequent incompetency, from whatever cause it may arise, must not prevent the probate of such will, if otherwise satisfactorily proved. (Code 1852, §1612; Code 1867, §1931; Code […]
Section 43-8-164 Notice to surviving spouse and next of kin – Generally. Whenever an application is made to prove a will in this state, at least 10 days’ notice must be given to the surviving spouse and next of kin, or either of them, residing and being within the state, before such application is heard. […]
Section 43-8-165 Notice to surviving spouse and next of kin – Minors. If any of the next of kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure; and in addition to the service above provided for minors, the court must appoint a guardian ad litem who is […]
Section 43-8-166 Notice to surviving spouse and next of kin – Persons outside state. If either the surviving spouse or next of kin reside and are without the state, notice of such application must be given by publication once a week for three successive weeks in a newspaper published in the county in which such […]
Section 43-8-167 Mode of proving will generally. (a) Wills offered for probate, except nuncupative wills, must be proved by one or more of the subscribing witnesses, or if they be dead, insane or out of the state or have become incompetent since the attestation, then by the proof of the handwriting of the testator, and […]
Section 43-8-168 Depositions of witnesses. When the subscribing witnesses, or any of them, reside out of the state, or are physically unable or in any case in which depositions are authorized to be taken in circuit court, the judge of probate may issue a commission to take the testimony of such witnesses in proof of […]
Section 43-8-169 Recordation of witnesses’ testimony. If it appears, on the proof taken before the judge of probate, that the will was duly executed, the testimony of the witnesses must be reduced to writing by him, signed by the witnesses and, with the will, immediately recorded in a book provided and kept for that purpose. […]
Section 43-8-170 Certificate endorsed on will. Every will so proved must have a certificate endorsed thereon, setting forth in substance that such will had been duly proved and recorded, with the proof, specifying also the date of the probate, the book in and page or pages on which it is recorded. Such endorsement must be […]
Section 43-8-171 Admission of will in evidence. Every will, so proved or endorsed, may be read in evidence in any court of the state, without further proof thereof; and the record of such will and proof or a transcript thereof, certified by the judge of probate, must be received as evidence to the same extent […]
Section 43-8-172 Protection of bona fide purchasers, etc. Any will which is not propounded for probate in this state within 12 months from the date of the death of the testator shall be inoperative and void as to bona fide purchasers, mortgagees or pledgees (and those claiming under them) of property or any interest therein […]
Section 43-8-173 Withdrawal of will before probate. When any will is filed with the probate judge or in the probate court for the purpose of probating the same, and it becomes necessary to withdraw said will before it is probated, the probate judge shall have the same recorded in the book in which are recorded […]
Section 43-8-174 Withdrawal of will for proof out of state. Whenever any will has been proved and recorded for six months in any county of this state, as required by this article, and such will is required to be proved out of this state, the judge of probate may, on the application of the executor, […]
Section 43-8-175 Probate of foreign will. When the testator was not, at the time of his or her death, an inhabitant of this state, but was an inhabitant of some other state or territory of the United States of America, or of some other territory, district or country subject to the jurisdiction of the United […]
