The Alabama House of Representatives on Wednesday passed a series of non-controversial bills. One of these non-controversial bills changed how wills are challenged.
House Bill 383 (HB383) is sponsored by State Rep. Tim Wadsworth (R-Arley).
“This bill is the first of a series of ALI (Alabama Law Institute) bills that changes the way that the state deals with revises the uniform probate code,” Wadsworth (an attorney and vice-chair of the House Judiciary Committee) said. “This deals with will contests.
“Right now, a will contest can originate in both the circuit court and with the probate judge. [This bill changes the law that] [i]f a probate judge is both an attorney and has equity powers it cannot be removed to circuit court.”
Wadsworth said that current law is confusing because it is dealing with two different sets of case law.
HB383 passed the Alabama House of Representatives on a vote of 99 to 0. It now moves to the Alabama Senate where it has been referred to the Senate Judiciary Committee.
Thursday is day 26 of the 2022 Alabama Regular Legislative Session. Thursday is the last day that a bill can be passed out of its House of origin during this session, thus the Alabama House of Representatives will concentrate on passing House bills and the Senate is expected to be focused on passing Senate bills. After Thursday, each body will only consider legislation that has already passed the other House. Bills that for any reason stall in their house of origin during Thursday’s debates will be dead for this legislative session. There is a maximum of five legislative days left in the 2022 Alabama Legislative Session, though legislators are not obligated to use all thirty of the legislative days allowed by the Alabama Constitution of 1901.
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