Section 43-8-198 Transfer of Contest to Circuit Court; Appeal from Judgment of Circuit Court; Certification of Judgment, Etc., to Probate Court.

If a party to a contest makes a written demand when filing the initial pleading, the probate court must transfer the contest to circuit court and send the papers there; the circuit court clerk must docket the case, and the case may be tried there. An appeal to the supreme court may be taken within 42 days after the cir

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Jurisdiction: United States — Alabama
Instrument: Act or statute
Version: Undated source snapshot
Language: en
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appeal deadline case docketing court transfer

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Provisions of Section 43-8-198 Transfer of Contest to Circuit Court; Appeal from Judgment of Circuit Court; Certification of Judgment, Etc., to Probate Court.

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Section 43-8-198 Transfer of Contest to Circuit Court; Appeal from Judgment of Circuit Court; Certification of Judgment, Etc., to Probate Court.
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AI-assisted research summary: If a party to a contest makes a written demand when filing the initial pleading, the probate court must transfer the contest to circuit court and send the papers there; the circuit court clerk must docket the case, and the case may be tried there. An appeal to the supreme court may be taken within 42 days after the circuit court judgment.

Upon the demand of any party to the contest, made in writing at the time of filing the initial pleading, the probate court, or the judge thereof, must enter an order transferring the contest to the circuit court of the county in which the contest is made, and must certify all papers and documents pertaining to the contest to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit court and a special session of said court may be called for the trial of said contest or, said contest may be tried by said circuit court at any special or regular session of said court. The issues must be made up in the circuit court as if the trial were to be had in the probate court, and the trial had in all other respects as trials in other civil cases in the circuit court. An appeal to the supreme court may be taken from the judgment of the circuit court on such contest within 42 days after the entry of such judgment. After a final determination of the contest, the clerk of the circuit court shall certify the transcript of all judgments of the circuit court in such proceedings, together with all of the papers and documents theretofore certified to the circuit court by the probate court, back to the probate court from which they were first certified to the circuit court, and thereafter shall be recorded in the probate court as all other contested wills are recorded in the probate court.

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Section 43-8-198 Transfer of Contest to Circuit Court; Appeal from Judgment of Circuit Court; Certification of Judgment, Etc., to Probate Court.

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