When any will is filed with the probate judge or in the probate court for the purpose of probating the same, and it becomes necessary to withdraw said will before it is probated, the probate judge shall have the same recorded in the book in which are recorded probated wills, but shall mark or have written on the page or pages of the record where recorded the following: "Recorded Before Being Probated." The probate judge shall not allow any will filed with him or his office for the purpose of probating to be removed from such office by anyone until it is so recorded, and in the event such will is lost, destroyed or mutilated, the record of such will and certified transcripts therefrom shall be given the same force and effect as could be given the original.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Section 43-8-160 - Who May Have Will Probated.
Section 43-8-161 - Time Limit for Probate.
Section 43-8-162 - Where Will Probated.
Section 43-8-163 - Probate Not Prevented by Subsequent Incompetency of Witnesses.
Section 43-8-164 - Notice to Surviving Spouse and Next of Kin - Generally.
Section 43-8-165 - Notice to Surviving Spouse and Next of Kin - Minors.
Section 43-8-166 - Notice to Surviving Spouse and Next of Kin - Persons Outside State.
Section 43-8-167 - Mode of Proving Will Generally.
Section 43-8-168 - Depositions of Witnesses.
Section 43-8-169 - Recordation of Witnesses' Testimony.
Section 43-8-170 - Certificate Endorsed on Will.
Section 43-8-171 - Admission of Will in Evidence.
Section 43-8-172 - Protection of Bona Fide Purchasers, Etc.
Section 43-8-173 - Withdrawal of Will Before Probate.
Section 43-8-174 - Withdrawal of Will for Proof Out of State.