Section 43-8-161 – Time Limit for Probate.
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.
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.
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.
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.
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.
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 […]