Will Contest - Removal To Circuit Court


Turner v. Estate of Turner, [Ms. 1190948, May 14, 2021], ___ So. 3d ___ (Ala. 2021). The Court (Wise, J.; Parker, C.J., and Bolin, Sellers, and Stewart, JJ., concur) vacates the Dale Probate Court’s order admitting the Will of Johnny Turner to probate and issuing letters testamentary to Lana Rogers. The Court explains “[o]nce Susan [Turner], who is undisputedly a ‘person interested’ in the will, filed her demand for the transfer of her will contest to the circuit court, the probate court was required to enter a written order transferring the will contest pursuant to § 43-8-198, and the probate court had no authority to do anything other than timely refer the contest to the circuit court. ‘Because the probate court lacked jurisdiction in this case, its judgment is void. A void judgment will not support an appeal. It is this Court’s obligation to vacate such a judgment and dismiss the appeal.’ Russell v. Fuqua, 176 So. 3d 1224, 1229 (Ala. 2015) (internal citations and footnote omitted).” Ms. *6.

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