Code of Alabama - Title 43: Wills and Decedents' Estates - Section 43-8-197 - Change of venue

Section 43-8-197 - Change of venue.

(a) At any time before the trial of such contest, either party may remove the same to another county by proceeding as is required in civil actions in the circuit court; and when an order for the removal of the trial of such contest is made, the judge of probate must transmit the will, subpoenas and all other papers belonging, and a transcript of all the entries of record relating thereto, to the judge of the probate court of the county to which the trial is ordered to be removed. Such judge of probate must proceed to try the case in the same manner as prescribed for the judge of probate of the county from which it has been removed.

(b) If the judgment is rendered in the probate court to which it has been removed, and no appeal is taken within 30 days thereafter, such judgment must be certified by the judge of such probate court, and the will and other papers be returned to the probate court from which the trial was removed; and the will must be probated or rejected in such probate court as such judgment may be for or against the validity of the will.

(c) If, on the removal of the trial, the costs are directed to be paid out of the estate, a bill of costs must be made out by the judge of probate trying the same and certified to the judge of probate of the county from which the trial was removed; and such bill of costs may be taxed by motion in the court in which the trial was had, and the same may be recertified to such judge of probate.

(Code 1852, §§1644, 1651, 1652; Code 1867, §§1963, 1964, 1966, 1969, 1970; Code 1876, §§2327, 2328, 2330, 2333, 2334; Code 1886, §§1997-1999; Code 1896, §§4295-4297; Code 1907, §§6204-6206; Code 1923, §§10633-10635; Code 1940, T. 61, §§60-62; Code 1975, §43-1-77.)

Last modified: May 3, 2021