Removal of Estate to Circuit Court

Holt v. Holt, [Ms. 1190025, Aug. 21, 2020] __ So. 3d __ (Ala. 2020). The Court (Shaw, J.; Parker, C.J., and Bryan, Mendheim, and Mitchell, JJ., concur) dismisses a co-executor’s appeal from a judgment entered by the Walker Circuit Court in an estate proceeding. The Court declines to reach the merits because the estate was not properly removed from probate to circuit court. The Court explains:

“‘the filing of a petition for removal in the circuit court and the entry of an order of removal by that court are prerequisites to that court’s acquisition of jurisdiction over the administration of the estate pursuant to § 12-11-41[, Ala. Code 1975].’”

Ms. *4, quoting DuBose v. Weaver, 68 So. 3d 814, 822 (Ala. 2011).

“… [A] removal order was not entered in this case. As a result, the circuit court never acquired subject-matter jurisdiction over the administration of Geneva’s estate; its June 4, 2019, order, therefore, is void, and the appeal is due to be dismissed.”

Ms. *5.

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