Removal of Estate Administration to Circuit Court


Estate of Williams v. Loveless, [Ms. 1170392, Sept. 14, 2018] __ So. 3d __ (Ala. 2018). This unanimous decision by Chief Justice Stuart dismisses an appeal by the estate of Ray Wendell Williams of the Randolph Circuit Court’s order requiring the estate to make monthly payments to the decedent’s daughter pursuant to a provision in the will.

The Court dismissed the appeal as from a void order because it concluded the circuit court never acquired jurisdiction over the administration of the estate because the circuit court failed to enter an order authorizing the removal of the estate from the probate court. Ms. *7-8, citing Dubose v. Weaver, 68 So. 3d 814, 822 (Ala. 2011).

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