Section 38-9-6.1 - Applicability to actions pending in probate court; removal to circuit court(a) Nothing in this section applies to actions pending in a probate court where the judge of probate is a member in good standing with the Alabama State Bar.(b) At any time after the filing of a petition, but before a hearing contemplated in Section 38-9-6, any protected person, interested person, or party to an action under this chapter may remove the action from the probate court to the circuit court for the county in which the probate court is located by doing all of the following, which shall effect the removal:(1) Filing in the circuit court a notice of removal together with a copy of all processes, pleadings, and orders filed in the probate court.(2) Serving all parties to the action with a copy of the removal notice.(3) Filing a copy of the removal notice with the clerk of the probate court.(c) Upon completion of all of the requirements of subsection (b), jurisdiction shall immediately vest in the circuit court, and the probate court shall proceed no further.Ala. Code § 38-9-6.1 (1975)
Added by Act 2022-123,§ 3, eff. 6/1/2022.