Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the circuit court in such cases shall be within the time hereinafter specified:
(1) From the decree, judgment or order on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest;
(2) From the decree, judgment or order on an application claiming the right to execute a will or administer an estate, to be taken within 42 days after the hearing and decision of such application, unless the application was denied because the applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason of improvidence, intemperance or want of understanding, in which case the appeal must be taken within seven days from the denial of the application;
(3) Upon any decree, judgment or order removing an executor or administrator, in which case the appeal must be taken within seven days after such decree, judgment or order;
(4) By a legatee or person entitled to distribution, on the decision of the court, in proceedings instituted to compel the payment of a legacy or distributive share, at any time within 42 days after such decision;
(5) After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting any item or matter thereof, or any previous settlement or item, or matter thereof, within 42 days thereafter;
(6) Upon any issue as to the insolvency of an estate and upon any issue as to an allowance of any claim against insolvent estates, in which cases the appeal must be taken within 42 days after the determination of such issue; and
(7) On an application for a division or partition of real or personal property, in which case the appeal must be taken within 42 days, and the decree, judgment or order may be stayed upon the execution, within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition to be prescribed by the probate judge, such stay of execution to continue until the appeal is decided.
(Code 1852, §1888; Code 1867, §2244; Code 1876, §3954; Code 1886, §3641; Code 1896, §458; Code 1907, §2856; Code 1923, §6115; Code 1940, T. 7, §776.)
Notes of Decisions
Cited in
39
cases (
5 in the last 5 years), 1980–2025 · leading case:
Jett v. Carter, 758 So. 2d 526 (Ala. 1999).
Jett v. Carter, 758 So. 2d 526 (Ala. 1999).
· cites it 14× “1144 provides for appeals to this Court within 30 days of the probate court's judgment; however, under Ala.Code 1975, § 12-22-21, appeals to this Court are "governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal.”
Eustace v. Browning, 30 So. 3d 445 (Ala. Civ. App. 2009).
· cites it 8× “We note, however, that, in stating that orders of the circuit court in probate cases are treated as though they were orders of the *450 probate court for purposes of determining the right to appeal pursuant to § 12-22-21, we have followed the guidance of the most recent Supreme…”
Russell v. Russell, 758 So. 2d 533 (Ala. 1999).
· cites it 5× “Russell's argument, however, fails to recognize that § 12-22-20, which states that appeals from the probate court may be taken to the circuit court or to this Court, must be read in conjunction with Ala.”
Franks v. Norfolk S. Ry. Co., 679 So. 2d 214 (Ala. 1996).
· cites it 4× “This Court has held that an order appointing one petitioner as guardian of an infant and denying the petition of another was a "final" judgment or order of the court of probate and therefore would support an appeal under the predecessor of § 12-22-21. Loftin v. Carden, 203 Ala.…”
Brown v. Brown, 21 So. 3d 1 (Ala. Civ. App. 2009).
· cites it 5× “Alabama Code 1975, § 12-22-21(1), provides for an appeal *3 from a probate court’s nonfinal order “on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest.”
Williams v. Lollar, 8 So. 3d 319 (Ala. Civ. App. 2008).
· cites it 4× “On July 11, 2007, the Lollars amended then-motion to dismiss the appeal, arguing that Williams’s notice of appeal had been un *321 timely filed pursuant to § 12-22-21(1), Ala.Code 1975, which provides a 42-day period for filing a notice of appeal to the circuit court from a…”
McGallagher v. Est. of DeGeer, 934 So. 2d 391 (Ala. Civ. App. 2005).
· cites it 2× “[3] Section 12-22-21, Ala.Code 1975, provides, in pertinent part: "Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified.”
Banks v. Est. of Woodall, 129 So. 3d 294 (Ala. Civ. App. 2013).
· cites it 2× “Pursuant to Ala.Code 1975, § 12-22-21(5), a notice of appeal from a judgment confirming a final settlement must be filed within 42 days of the date of the judgment.”
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015).
“Further, we explained our ability to exercise our original jurisdiction Over the petition filed with us by explaining that a circuit court’s appellate jurisdiction over probate matters is limited under § 12-22-21, Ala.Code 1975, and did not include the taxing issue involved in…”
Hardy ex rel. Est. of Carter v. Hardin, 200 So. 3d 622 (Ala. 2016).
· cites it 2× “See Ala.Code 1975, § 12-22-20 (“An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order or decree of the probate judge_”); Ala.”
Oliver v. Shealey, 67 So. 3d 73 (Ala. 2011).
· cites it 2× “Section 12-22-20 provides: “An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order, or decree of the probate judge.”
Lett v. Weaver, 2090236 (ala.civ.app. 7-23-2010), 79 So. 3d 625 (Ala. Civ. App. 2010).
· cites it 2× “Alabama Code 1975, § 12-22-21, provides, in pertinent part: “Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified.”
— Ala. Code § 12-22-21(1) — 7 cases
Brown v. Brown, 21 So. 3d 1 (Ala. Civ. App. 2009).
“Alabama Code 1975, § 12-22-21(1), provides for an appeal *3 from a probate court’s nonfinal order “on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest.”
Jett v. Carter, 758 So. 2d 526 (Ala. 1999).
“1144 provides for appeals to this Court within 30 days of the probate court's judgment; however, under Ala.Code 1975, § 12-22-21, appeals to this Court are "governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal.”
Williams v. Lollar, 8 So. 3d 319 (Ala. Civ. App. 2008).
“On July 11, 2007, the Lollars amended then-motion to dismiss the appeal, arguing that Williams’s notice of appeal had been un *321 timely filed pursuant to § 12-22-21(1), Ala.Code 1975, which provides a 42-day period for filing a notice of appeal to the circuit court from a…”
— Ala. Code § 12-22-21(2) — 6 cases
Eustace v. Browning, 30 So. 3d 445 (Ala. Civ. App. 2009).
“We note, however, that, in stating that orders of the circuit court in probate cases are treated as though they were orders of the *450 probate court for purposes of determining the right to appeal pursuant to § 12-22-21, we have followed the guidance of the most recent Supreme…”
Williams v. Lollar, 8 So. 3d 319 (Ala. Civ. App. 2008).
“On July 11, 2007, the Lollars amended then-motion to dismiss the appeal, arguing that Williams’s notice of appeal had been un *321 timely filed pursuant to § 12-22-21(1), Ala.Code 1975, which provides a 42-day period for filing a notice of appeal to the circuit court from a…”
— Ala. Code § 12-22-21(3) — 3 cases
Franks v. Norfolk S. Ry. Co., 679 So. 2d 214 (Ala. 1996).
“This Court has held that an order appointing one petitioner as guardian of an infant and denying the petition of another was a "final" judgment or order of the court of probate and therefore would support an appeal under the predecessor of § 12-22-21. Loftin v. Carden, 203 Ala.…”
McGallagher v. Est. of DeGeer, 934 So. 2d 391 (Ala. Civ. App. 2005).
“[3] Section 12-22-21, Ala.Code 1975, provides, in pertinent part: "Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified.”
— Ala. Code § 12-22-21(4) — 1 case
— Ala. Code § 12-22-21(5) — 3 cases
Banks v. Est. of Woodall, 129 So. 3d 294 (Ala. Civ. App. 2013).
“Pursuant to Ala.Code 1975, § 12-22-21(5), a notice of appeal from a judgment confirming a final settlement must be filed within 42 days of the date of the judgment.”
— Ala. Code § 12-22-21(7) — 1 case
Eustace v. Browning, 30 So. 3d 445 (Ala. Civ. App. 2009).
“We note, however, that, in stating that orders of the circuit court in probate cases are treated as though they were orders of the *450 probate court for purposes of determining the right to appeal pursuant to § 12-22-21, we have followed the guidance of the most recent Supreme…”
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